RN working as independent contractor but did not set her own hours

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I have been very curious for quite some time concerning an employment issue for my mom (now retired) who was an RN for an agency over Alzheimer and Dementia patients. She worked a total of 7 years with this agency. The first year of her employment they classified her as an independent contractor and issued her a 1099, but she could neither set her own hours or set her own pay rate. The next year they "hired" her as an employee. Is there anything she can do about that first year. She was not able to pay the taxes on the 1099 that year and has a delinquent tax lien on her name because of that particular year. I'm wondering if she had not been classified as an independent contractor would that have made a difference in her tax status. All of the other years, she filed her income tax (as she did for this one the year following), but is there any recourse at all for that first year?

-- Gail A. Ross (gailsong25@yahoo.com), February 18, 2005

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