We don’t allow these kinds of shenanigans at my company for fear of running into trouble with both the Department of Labor and the IRS for missclassification of an employee as an independent contractor. There might be some other complications if you’re working from outside the country especially if your “employer” isn’t used to dealing with Taiwan labor laws. There may be some problems with you working while in Taiwan.
Yes, it’s the same job with the same duties, although I’d be on a different schedule (due to time zone night and day difference.) That’s why I suspected the company might get in trouble if they classify me as 1099 despite my work being the same as when I was on W-2.
I wouldn’t expect you to have issues with the IRS but someone might come knocking on Boeing’s door one of these days. It used to be one of my many functions at work to tell managers they could not bring a recent retiree back to the office as a contractor to essentially do the same job they were doing for us when they retired. You and your fellow laid off/retiree contractors might have a case against Boeing for misclassifying you as an employee as you might be entitled to benefits.
The Department of Labor looks at several factors to determine whether someone is an employee or a contractor:
- Opportunity for profit or loss depending on managerial skill,
- Investments by the worker and the employer,
- Permanence of the work relationship,
- Nature and degree of control,
- Whether the work performed is integral to the employer’s business, and
- Skill and initiative.
[Moderating]
Irrelevant to the question. Let’s not make this political in FQ.