Am I a contractor or an employee?

General rule of thumb:
If you have to ask, you're an employee.

 

I say you are an employee\
Read what the IRS says Independent Contractor Self Employed or Employee | Internal Revenue Service

 

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Sounds like you agreed to be a 1099 contractor. You were paying lease payments toward owning that truck. So if you didn't keep reciepts to deduct. That' your fault and your problem. We had a driver working under similar terms years ago. He quit and wanted to take truck with him. Boss said you can take truck when you have paid it off. So he ran to the irs, thought he was gonna get boss and everyone in trouble. Irs said tuff shiete pay us.

 

That's why you see drivers asking for two copies of reciepts. ONE goes to company to figure and file fuel tax. The other is kept by driver for taxes. Sounds like you got over your head. Should have came here and asked for help and advise, when you first started. Btw how did you enjoy those settlement checks before you quit?

 

You leased the truck. You paid for fuel. You were able to turn down jobs. I am not trying to be a ######## but. Sounds like he treated you as 1099 contractor, you went along and allowed it. I could be wrong (for your sake hope I am) but sounds to me like he has a stronger case, saying you were, than yo u do saying you went. My advise ASK him for copies of fuel reciepts and everything else. If he says no than tell him your accountant is gonna report him. And even if he wins. Does he really want to IRS 3xaming his books or operation. Be much better and easier for him to just. E-mail you a copy of the fuel reciepts. Or if he has online booking (quick books etc..) Forward you that page.