Yes, we do technically know this company should not be “employing” anyone as 1099 legally. It’s still weirdly common for his industry despite it not being legal. We’ve gone through this in the past with both of our careers, as I’ve been classified as an exempt employee illegally, and he’s been classified as 1099 illegally. We’ve always just gone with, “That their problem.” Which is probably not the best way to go, but it’s pretty hard to face down your employer paying you more, and telling them it’s actually illegal. I’ve worked for two companies that finally realized the exempt/non-exempt thing on their own after hiring a qualified HR manager, and let me tell you… The employees threw a S**T FIT. I’ve even worked for a major University being illegally classified as exempt.

So, we do know 1099 isn’t legal for his possible future employers. It’s the offer they made him though… While saying they have an accountant who advises them. Yikes!

Since we apparently have this choice once again, we aren’t sure which to make. I know a weird amount about employment law despite being a math dummy. Do you know if an employee can be held responsible for an employer having them illegally classified?