Feel cheated by 1099

Hello forums. I've been working at a small trucking company, and feel cheated by the 1099-misc. I use their trucks and equipment, and they pay for fuel, tolls, repairs, and scales. I have a dispatcher, and they tell me where to go to pick up/deliver (one load, not options).

On the other hand, although I've always only been allowed to take a few days off a month (used to be pressured to come in monday morning after 2 days off/3 weeks); I now know that my employer has let some people take significant time off if they push for it. So in my employers defense, I believe if i said I'm not going to work for weeks, I might not be fired, although I'd lose the best truck the company has. More to do with them having trucks they can't fill than anything else though. It is also true that I get to decide my route, and where to fuel. Things do feel a little more independent than the big company I trained with, but I don't think this would make me a contractor.

From what I've read on these forums, and other sources online, it seems like my employer is in the wrong for the 1099, and I could fight it. At H&R block they told me I could simply file it as a w2, and claim to the IRS I was wrongly filed under 1099 (I'm also going to try to find a good CPA instead, either way). So, am I correct that I should have a W2 instead? Or do you think they might be able to legally file me as 1099? I do think the contract has me as a contractor, but I only recently (my bad) found out what that really meant.

I made 39 gross working more hours than anyone should (coloring book for logs). The only deductions I expect are per diem for days out, cell phone, and maybe health insurance I paid for. Will I be saving a lot in taxes if I fight for W2? And do I need to find an attorney if I do this?


Any help is appreciated.

 

Yeah I think you must be right. I am looking for another job now. What I haven't seen much about in my search is if you already did the work, and get a 1099, is it worth fighting it? I've been told I can file as w2, and send a complaint to the irs. Going to try to find a good accountant for advice.

 

It is volvo trucks, but in Michigan. The owner, and many drivers, are foreign. At least one couldn't speak english. He can't drive anymore; he was caught. Right now I am thinking filing as w2 is what I want to do. I'll make sure to speak with an accountant who is familiar with the issue.