For 19 years I have been paid as an independent contractor by the local county. I am paid with 1099 not a W2 and thus have not been entitled to the benefits that other county workers receive. My check comes from the accounts payable department and not the payroll dept. My peers in other counties that perform the same job as I am all considered county employees and are entitled to benefits. When I was hired the person leaving the position trained me. I have an office in their building. They provide all of the equipment and pay for additional training or certifications. State code dictates that the county must provide the services I carry out. I have had 2 children during this time....no paid time off. My son had a heart defect. No paid time off and I had to incur personal debt to cover household expenses because of the amount of time I was without a paycheck caring for him during and after his open heart surgery.
You are asking this based from an employment law point of view. You should check with employment lawyers.
Under the right circumstances, yes. We can't tell you if you have those circumstances based on what you've said here. You'll need to speak with an employment attorney personally.
The comments listed here are of a general nature and are not offered to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am Iowa licensed and, to become your attorney, I need to understand the particular facts and circumstances of your legal question and most likely meet you face to face.
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