If my employer changes my employment status from a W-2 employee to a 1099 contractor is my previous W-2 employment agreement still valid? Consult with an employment law attorney to make sure you are not going to misclassify a worker as an independent contractor.The Independent Contractor shall perform the following services for the Client ("Services"): Marketing and sales of bio-diesel fuel and processors. It is vital that you understand the distinction between independent contractors and employees. This affects you and your business. Orange County Workers Compensation Attorney is committed to helping 1099 independent contractors seek wrongful termination compensation. Generally, you should not get a 1099NEC and a W2 from the same employer in the same year, they should put everything on the W2. As mentioned, an independent contractor agreement is a legally binding contract between an individual contractor and a company (i.e. Direct, or supervise CONTRACTOR'S employees in the performance of those services.