I am wanting to be sure the information I have researched will be adequate for me doing my taxes correctly. I received a 1099-MISC and a w2 from the same employer. The employer treated us like employees. The employer controlled all aspects of the job. I match the definition of employee according to the IRS definition of employee. The Employer controlled how I did the job, how trained in doing the job, how I received my pay, how much paid, and when I was expected to leave for the job.
On the 1099-MISC box number seven is filled out and is the only box filled.
If an employer trains and directs work, including hours of work, what tools or equipment to be used, specific tasks to be performed and how the work is to be done, the worker is likely an employee. If the worker can set his or her own hours and works with little or no direction or training, he or she is probably an independent contractor.
This factor includes how the worker is paid, whether the worker may work for others at the same time, and whether the worker can incur a profit or loss. A worker who is paid a salary is restricted from working for others, and who does not participate in company profits or losses, is probably an employee.
Type of Relationship
The presence of a specific contract may indicate an independent contractor, but this factor alone is not controlling. If the worker is entitled to benefits, this would indicate an employment relationship. Another factor would be the type of work the person does; if it is directly related to the company's core work, he or she is probably an employee. For example, a maintenance worker would not be doing 'company' work if he or she were working for a bank.
This is what my employer did. He controlled all of those.
He controlled our hours, he controlled our pay, controlled the duties, and how we were trained. His business was janitorial, and we did jobs included in janitorial services.
If I am correct, since he is basically controlling the workflow as described, wouldn't that be correct as an employee vs. being an independent contractor?