If the payer is treating them as an employee and withholding the FICA taxes then they would file a W-2. But if there were no taxes withheld then they are not employees as you said ... so in that case the payer should be sending out 1099-misc forms ... but will they send only 1 to you or 1 to the client or one to each of you ... that is the question that needs to be answered.
