1099 Ind. contractor question

I am helping a man find a new job. He manages a small retail store that is a franchise of a large company.  He has no benefits and is paid on a 1099 basis. I am far from an expert on HR law, but this seems a bit fishy to me. (He has to work at the store location. He doesn't set his own schedule.) 

What should he do? Bringing even the threat of legal action would probably result in his termination.  I would welcome comments and suggestions. Thank you. 

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    • Rodney Chronister
    • Connector/Help Conveyor - Working to be a by-product of my service to others growth!
    • Rodney_Chronister
    • 2 yrs ago
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    Not an expert on 1099 Law, but just like any W2 position if you are not happy break ties and leave but understand if you don't work you don't get paid.  That being said 1099 is a result of being hired under a contract that is specific to a job task or service and agreed upon compensation as well any stipulations.  What has he agreed upon for how long and what if any are the stipulations  as well the outlined consequences if he terminates the contract?   As a 1099 there are several options for inexpensive Legal Protection programs that will review contracts and such for you at no extra charge.   

    • Rodney Chronister Thank you. You mentioned several options for legal protection programs. Can you specify any in the Cincinnati area? 

  • I would direct him to talk to the DOL. His contract is irrelevant if he is misclassified.

    • Rachel Kutay Thank you. 

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