I and 4 other employee's have worked for a company for over a year. Can we be 1099'd?

Question

We get paid by personal check.

Answer 1

Whether you are considered an employee or an independent contractor does not depend upon the length of employment.  There are a number of set rules defining the relationship, depending mostly on who controls how or where or when the work is performed.  See IRS Publication 15-A for more detailed information.

Answer 2

Do you get pay statements?  Do you feel you are treated like a normal employee instead of someone who operates on their own schedule?  If so, you should get a W-2 and not a 1099.  If you don't contact your state labor board because you are being mistreated by you employer not paying social security or workers compensation insurance.

PS 1099 is not a verb.

Answer 3

What forms did the payer give you at the beginning of the year/employment?

An employee fills out W-4, gets W-2, has fica/mc and taxes withheld.

A contractor fills out W-9, gets 1099-Misc, nothing withheld.

An employee who feels he has been erroneously treated as contractor when he/she gets 1099-Misc can file SS-8 with IRS for a determination.  Then uses 8919 with their 1040 to pay fica/mc and get credit for income.