<prompt> Human: What will she be able to do to force her employers hand to receive the 1099? Will she be penalized for filing now if she gets the form?Assistant: Lets collectively hold our breath while OP answers the following:1 Did she make her own schedule;2 Did she provide her own tools;3 Aside from being told what to accomplish e.g. build a roof, did her employer tell her how to accomplish those things e.g. take these nails, put them in this pattern, etc?Odds are very high that shes misclassified. If she is, dont squander time with a 1099, just file a department of labor state complaint for 1099 fraud and then file taxes normally while thats worked out.Human: She was a nanny, so, no, she didnt make her own schedule, technically. She did provide her own tools and wasnt told how to accomplish that childcare.  <response>: Shes 100 not an independent contractor, they are stealing money from her. She needs to file a department of labor complaint alleging 1099 fraud. She shouldnt have to pay the employee side of social security. 