Boss Says I’m 1099 But I’m Definitely A Full Time Employee

All right, please forgive me. I’m doing this all on mobile and it might seem a little jumbled, but I’m confused on what my next steps are.

I’ve been working for a small company for two years in my naivety, I thought that I was 1099 contractor but my boss has never provided me with a 1099 so when I went to file my taxes, the tax person told me that I am an employee and I need to bring the proper documentation however, I have zero documentation.

I work 40 hours a week on a schedule, decided by my boss doing tasks, decided by the business owner. I do not get overtime. I do not get benefits. He does however offer me sick days and a paid week off every year.

He also has done things for us that he has held over my head realistically the business is my mother’s but he stole it as they were in a romantic relationship, and they had a verbal agreement that he would pay her for her business, but he never did and he was very hostile towards her, causing her to leave . As silly as it sounds, we didn’t know that we could seek legal action as we are rather poor, and her business was the only thing that generated income for our family for years.

I also work in extremely unsafe, work conditions, where most of our products are covered in mouse, feces, and urine, and we are expected to clean it without proper PPE. I am in the state of Georgia. I have no clue where to begin what to document or what I need if I were to actually take action as I have my mother as well as other past employees who have something to say about this , he doesn’t wanna classify us as employees so he doesn’t have to pay taxes or offer us benefits. He brags about taking $40,000 to Las Vegas in cash, but then comes in and guilts us when we’re having a slow week.

He’s also very hostile today. I was able to get a 50 minute long recording of him berating me and holding things over my head saying inappropriate things about ex employees like. “If you talk to her you will not have a job here anymore” “I fucked her what she has to say means nothing” I have this all recorded. I have a witness to this conversation as well. He also mentioned how I’ve been sick a lot lately yeah I wonder why maybe it’s breathing in this toxic air. The only reason why I’m still here is because he purchased a car for me that I did not ask for but at the time needed and I only owe him a little bit more before I can get my title. I have another job lined up.

I spoke with the lawyer a little while ago and she said I basically don’t have a case. I just want to know what I need for a case as she was not helpful in providing exactly what I needed.

I also know he has not paid his taxes in years .

The past two years we grossed $880,000 .

Any input is greatly appreciated