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1099 framing carpenter classified — supposed to be employee?

Started by carpenter_jay_or · May 1, 2026 · 156 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CJ
carpenter_jay_orOP

oregon. been working for the same custom home builder for 14 months as 1099. set hours, use his tools, work alongside W-2 employees doing same exact work. just dawned on me this might be misclassification. what's the test in OR?

DA
danielle_a_hr

OR uses a hybrid economic-realities + control test. set hours + employer's tools + working alongside W-2s = textbook employee misclassification.

file with OR Bureau of Labor and Industries. recovery includes back overtime, employer-side payroll taxes (employer pays them, not you), workers comp coverage retroactively if you were ever injured.

EM
employment_attorney_m

also: if you got injured on the job at any point, workers comp would have been applicable. if employer didn't carry coverage = serious additional damages.

VK
VK_employee_advocate

also: misclassification has retaliation protection. if employer fires you for inquiring about classification, that's a separate cause of action.