Converting from an Independant Contracot to a W2

[heavensangel]

Hello There Everyone!

I am in a dillemma.    :^)

My Supervisor's "Accountant" said I must convert from an Independant Contractor to a W2.

The Accountant stated I have been an Independant Contractor "too long" (5 years).

However, the Accountant did not further clarify "why" I must do this?

I informed my Supervisor that I prefer to "remain an Independant Contractor," for my own personal reasons, and asked for further clarification, so I am currently waiting for a response.

Has anyone ever experienced this?

I truly love my current job, and hoping (and especially praying to God) to have this rectified. His will be done, as he knows what is best.

Thank you for your help, I grealty appreciate it!    :^)

Enjoy your day today!    :^)

[athenaburke]

In the US, if you work more than 6 months and the contract does not have a begin and end date (set terms) you fail the IC test,  If you are doing work that aligns with the businesses core services you will not qualify as an IC.  I am seeing significant issues associated with "freelance collaberation" as an IC as we are suppose to act independently of the client with deliverables. 1099 and W2 since covid is a big topic for US IRS and why Biden requested additional employees to enforce their policies.  

[a_lipsey]

Marcia, looking at your profile, it appears that you've been working 40+hours a week for one client for 5 years as an administrative assistant, and it appears the work will continue. The Accountant is telling you that you have to be a W2 employee because you are currently misclassified and the company could be liable for payroll taxes and penalties. Based on just what I can see, without knowing details, you are a full-time employee of this company who is being paid as an IC (independent contractor), even though you do not meet the conditions of an IC. 

What about this situation do you want to retain? Is it that you get to work remotely and have flexible hours? Or is it that they likely will have to pay you through their own payroll versus on Upwork (which would be allowable since you've worked with them for more than 2 years)? 

The best way to work this out is to talk to them about what becoming a W2 employee entails. It's likely that you will have benefits (that's a good thing), paid vacation, accrued sick time, and lower taxes than being self-employed. You can use the opportunity to negotiate to keep the things about the job that are important to you.