Help Linda!

Hi,

Firstly, thanks for the very useful site & information.

I am an IT Consultant, and have just started a contract working for a large company ("the Client"), through a chain of 2 employment agencies. The agency I have a contract with ("the agency") told me they could not do a W2, but only a 1099 or Corp-to-Corp. Currently, they are assuming they will treat me as a 1099 since "this is normal industry practice", and seem unconcerned about possible misclassification.

The agency contract specifies that I will provide services to a specific person at a specific client site, specifies a maximum working week of 40 hours, and specifies an hourly rate. It also specifies a 2-week termination clause "for any reason". No benefits are provided. The agency does not control my work, but the Client clearly does - I am expected to ordinarily work onsite, have a fixed workspace and use the Client's equipment & infrastructure. I attend meetings arranged by the Client with it's employees or other contractors & they direct my work, both in terms of output & how it is done. I travel from time-to-time & claim by expenses back from the Client through my agency.