Bruno82

Greetings All,

I've been flying for a company and working as an oil and gas landman for the company when I'm not flying. The company hires employees as "independent contractors." However, for all intents and purposes, each person is a regular employee. The contractor set up is to get around certain employer requirements (insurance, worker's comp., etc.) from what I can tell. All "employees" work exclusively for this company.

For my application, I've listed the company as my employer. It wouldn't make much sense to list myself as my employer. Does anyone have any experience with scenarios like this in applying for airlines or other jobs? I don't received a W-2, but I do receive a 1099. Do airlines have a particular way they want to see this on an application?

Thoughts?

pilot0987

You are a contractor and considered self employed. Technically in the eyes of the irs you are a full time employee by the sounds of it. But for your app purposes your self employed.

rickair7777

Your application should match your IRS paperwork.

1099 = self-employed.

The outfit you fly "for" would then be your reference for that period of self-employment.

Don't muddy the waters here, because if an airline calls that company to verify your "employment", they are not likely to want go on record as acknowledging you as a regular employee! That could have legal and tax ramifications for them!

Morbo

Depending on how you want your relationship with your current "employer" to go, you can always file a form SS-8 with the IRS, basically asking the IRS to make a determination if you're a contractor or an employee (you're almost definitely an employee).

rickair7777

The you'll get a great reference from that employer.

Airlines are looking for candidates who will roll over for the company, not the guy who will take a stand.

Bruno82

Thank you for the responses.

Bruno82

I think that my current "employer" will verify that I have been working for them. My main concern is the airline for whom I'm applying getting a 1099 rather than a W-2.

rickair7777

I don't think airlines typically ask for W2s or 1099s. Not that I've heard of.

But it will be very important than anyone you claim as an employer will vouch for you as such.

I'd still just put self-employed on the app, that way it won't bite you in the butt.

Bruno82

I swore I saw a spot on AirlineApps or Pilot Credentials specifically to input references if self-employed. Where am I missing it?

60av8tor

To start, your desription in the first paragraph is pretty much illegal. What would happen if all the 1099 folks told this company that they are unavailable for the next 45 days? That is pretty much the litmus test the IRS uses for determining 1099 status. Sounds shady if they are using it to avoid employee costs as you say.

Here nor there, I guess, as it pertains your question. I was doing 1099 flying prior to 121. One small difference is that I named my LLC as the employer. The owner group I flew for had a name/LLC, but I used my LLC name as the employer since it was all 1099. I received a PRIA request for my LLC, explained I was the owner, and that was the end of that. That was only my most recent flying job before 121 and had others that could be used for PRIA/reference, which may have influenced their nonchalant attitude toward my 1099 ops...