I am contracted out to United Airlines by a vendor company that for the last 15 months has been paying me as an independent contractor (1099-MISC) however, i have just received an email that all employees will be reviewed and if they dont meet the requirements, will be switched to a W-2.
This is fine by me, but they also said the new contract agreement will include a 10% charge to cover the 941 and unemployment tax required of my employer. I have never heard of an employee having to pay these taxes. Is this legal? Can my employer require me to pay this 10% "charge" on top of the normal taxes that will be deducted from my check as a W-2?
Furthermore, if they are going to make me switch to a W-2 (which they will) but i refuse to pay this "charge" can i hold them in breach of contract?
Just to throw in a little more background information, my contracting company has proven to be one of the shittier ones United uses, and im sure they are only doing this because someone is coming down on them and they are forced to. Up to this point, they have refused to make anyone a W-2 and all employees have been paid as 1099 independent contractors, even though none of us truly are.