1.) You’re not doing anything wrong, other than calling her your “boss” when she clearly isn’t. You’re self-employed. You are your own boss.

2.) Absolutely.

3.) Definitely not. Renters pay rent and run their own businesses without any outside influence or interference.

I also pay my own taxes. I file a 1099 form. I buy my own tools & gel, but not scrub, foot files, etc.I do not pay booth rent. If a client text me, that has come to her salon before, for an appointment, my boss throws a fit. These are the same client’s that I have done for almost a year now. One client did cancel because they were sick so I asked of they were ok a few days later. They were fine and asked me to book them, so I did. Boss is pretty pissed. When I started she told me to put the app to book people on my phone. Of I book a person from my precious job she’s cool. (1) Am I really doing anything wrong? (2) If I’m 1099, I’m self employed correct? She says I have to be at work a certain time even if I don’t have anyone. (3) Is that ok?

It depends on the professionals you’re contracting. If you’re a salon owner contracting salon professionals who perform services employees would normally perform, you’re likely using the classification inappropriately. If you’re utilizing professionals who offer services outside of those employees would normally perform, you’d want to make sure to establish clear work agreements that clarify the terms of the arrangement.

Well, if the owner has demonstrated that they aren’t capable of reasoning with you, they’ve given you little choice or incentive to work through the rest of that notice. Unless you feel it’s really important to stick it out (and I wouldn’t judge you–everyone has their reasons), my opinion–and that of the law–is that you aren’t obligated to anyone who isn’t gainfully employing you.

As for reporting, you really should. While there’s a possibility the owner will close up shop, there’s also the possibility that they won’t. In any case, every single one of those professionals deserve better than what they’re getting. Filing that SS-8 will ensure they get what they’re owed and that the owner never does that to anyone else ever again.

Thank you, Tina!

Hi Anne! You’re absolutely correct. The independent contractor classification is nearly always misused in our industry. (This post explains why in more detail than this one does.) What I mean by “has you on their payroll” is this: the salon owner routinely pays the so-called “contractor” in the same way they compensate employees. The “contractor” receives a paycheck every two weeks, but taxes aren’t deducted. If the contractor were a true contractor, they would be working on a job-by-job basis, contracted for each assignment. They would not be issued checks routinely the way an employee is, as there should be no expectation of a continuing relationship.

This appears far from independent to me. When reading your second paragraph above, you cite “has you on their payroll.” Would they, in fact, NOT be on their payroll and that would be the problem? Maybe this just means that they are on their payroll as contractors?

Thanks in advance for any reply.

It sounds to me like you’re misclassified. This article tells you exactly what actions you need to take.