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Converting 1099 to W2 Employee
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Converting 1099 to W2 Employee
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Our company employs physicians no longer wants to employ 1099 contractors so we are converting them all to W2 employees effective 1/1/2011. Our Regional Manager is having the conversation with everyon
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Converting 1099 to W2 Employee

posted at 10/29/2010 6:26 AM EDT
Posts: 16
First: 12/17/2008
Last: 10/29/2010
Our company employs physicians no longer wants to employ 1099 contractors so we are converting them all to W2 employees effective 1/1/2011. Our Regional Manager is having the conversation with everyone today and I need to put together in writing a communication letter describing the changes and what's going to happen. Does anyone have any suggestions or sample letters that I could use to get a start on this. I have no idea where to start. Thanks!

Converting 1099 to W2 Employee

posted at 10/29/2010 9:56 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I would expect to get asked questions on WHY this change was made and what is the difference -- and even possibly some of them asking if they should have been employees all along. Which could lead to a prior wage claim (mostly for tax issues) if the difference is not more than "it's just what we decided to do". They probably will be happy about their portion of FICA being lowered, but if the employer is going to lower pay to compensate for that, it might not be that big of a positive.

Beyond that, I would explain the tax withholding obligations and what taxes the employer pays outside of FICA...that is unemployment, possibly state disability and then any other employer-provided benefits. Either those that are fully paid for by the employer or those that are cost-shared.

Will you have an employee handbook? What new rules will be in place? Will how often they get paid change?

Converting 1099 to W2 Employee

posted at 10/30/2010 5:01 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
I would add that you are actually hiring these individuals and they are fully subject to your rules and policies. Having dealt with Physician hiring extensively in the past expect significant objection, requests (legitimate) for contracts, etc.

You don't mention anything regarding credentialing, etc so please ensure that this is also being accomplished.

Converting 1099 to W2 Employee

posted at 10/30/2010 7:31 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
How long have these physicians been 1099 employees?

Converting 1099 to W2 Employee

posted at 11/1/2010 8:30 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
HRPro is spot on. Expect a lot of push back regarding your desire to exercise control over them. You are also potentially affecting:

Converting 1099 to W2 Employee

posted at 11/1/2010 8:31 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Sorry got cut off.

You are also potentially affecting what expenses they can deduct to create employment and who they can work for besides you........

Forums » Topic Forums » Legal Forum » Converting 1099 to W2 Employee

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