[WA] [WA] What can I do if I was misclassified as a 1099 contractor when I should’ve been a W-2 employee?

Lexi, Chatbot

I understand your concern about your employment classification. Were you given specific job duties and hours to work by the company?

Lexi, Chatbot

Have you discussed this issue with your employer or HR department?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your employment misclassification.

Ray

Hi and welcome to AskALawyer — Ray here to help you today. Please bear with me a few moments while I review your question and prepare a response.

Ray

Here’s how to report job misclassification to the Department of Labor (DOL):

• Call the Wage and Hour Division hotline: 1-866-487-9243
• You can also visit USA.gov – Job Misclassification for official information on how to file a complaint.

I’m sorry they did this to you. You should definitely file with the DOL and consider speaking with a Washington employment attorney. You can find one here: Avvo Employment Lawyers in Washington

Ray

This does sound like potential misclassification, and the way they ended your contract could be tied to avoiding responsibility for properly employing you.

Let’s look at a few factors Washington and federal law use to decide whether you were a true contractor or actually an employee:

1. Control Over Your Work

If the company set your schedule, required certain hours, assigned specific shoots, or reviewed and approved your work quality, that’s a sign you were an employee, not an independent contractor.

2. Tools and Equipment

If the company provided equipment, editing tools, or training, that’s another indicator of employee status. Contractors usually use their own gear and methods.

3. Ongoing Relationship

You said the contract was indefinite, which often indicates an employment relationship. Contractors are typically hired for specific projects or time periods.

4. Integration

If your photography work was part of the company’s core business (real estate photography for a real estate photography company), then you were likely integral to their operations — another strong sign of employee status.

5. Termination Control

You mentioned they ended the relationship for “quality” issues. True independent contractors typically can’t be fired for the way they perform the job — they can only lose a contract if they fail to meet specific deliverables. That’s another red flag.

Ray

The termination message itself focuses on performance and communication, not misclassification, but that doesn’t negate your potential claim. Even if the reason for ending the contract was quality-related, the core issue remains: if they controlled your work as if you were an employee but paid you as a 1099 contractor, they likely violated Washington and federal wage laws.

Ray

If you were treated like an employee but paid as an independent contractor (1099), you could be entitled to:

• Back pay for overtime or minimum wage violations,
• Reimbursement for unpaid employer taxes (Social Security, Medicare),
• Possible penalties against the employer for willful misclassification.

Here's what you can do:

1. File a Misclassification Complaint

• With the U.S. Department of Labor (Wage & Hour Division) at 1-866-487-9243.
• Or with the Washington State Department of Labor & Industries (L&I) — they have an Employment Standards Program specifically for misclassification.

2. Gather Evidence

• Contracts or offer letters
• Work schedules, texts, and emails showing you were assigned jobs or supervised
• Payment records (to show you were paid like a 1099 without benefits or taxes withheld)

3. Consult a Local Employment Attorney

• You can contact a Seattle-based employment lawyer who handles independent contractor misclassification.
• Try Avvo.com or the King County Bar Association Lawyer Referral Service (206-267-7010).

Ray

That part affects the termination reason, but not the classification issue. You can still pursue misclassification regardless of how the relationship ended.

Even if they claim performance problems, if the facts show you worked like an employee, you may still be owed employment taxes, overtime, and other rights that a W-2 worker would have had.

Ray

Exactly — that supports your position. An open-ended or continuous contract, where the company controls assignments and schedules, typically points to employee status under Washington law.

Ray

That’s perfectly fine. You don’t have to have raised the issue beforehand. You can still file now. The DOL and Washington L&I can review your work records and decide if the company misclassified you.

If they agree, you could receive back pay and tax corrections, and the company may face fines.

To summarize:

• You likely have grounds for a misclassification claim.
• Termination doesn’t erase your right to report it.
• File with the Washington Department of Labor & Industries or the U.S. DOL.
• Consult a Seattle employment lawyer for a free evaluation.