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Category: Employee vs. Independent Contractor

Damages Owed Under Fixed Term Contracts

By , November 28, 2017 12:32 pm

In my last blog post, I discussed a case where an independent contractor who signed a fixed term contract was owed notice of termination, specifically, 5 months and 3 weeks. There are very important differences between indefinite and fixed term contracts, particularly at the time of termination. In this week’s blog post, I’ll delve deeper Continue Reading…

Independent Contractor Owed Notice of Termination

By , November 1, 2017 10:01 am

One common misconception is that, unlike employees, independent contractors are not owed notice of termination. In one recent case from Ontario, an employer was forced to pay an independent contractor for notice because of the way the termination clause was drafted in the contract. Although the facts of this case are somewhat unique, there are Continue Reading…

Significant Changes to Employment Standards Coming to Ontario

By , June 2, 2017 8:36 am

On June 1, 2017, the Ontario government introduced legislation to amend Ontario’s Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995. The Fair Workplaces, Better Jobs Act, 2017 (the “Act”), builds on the Changing Workplaces Review Final Report which was released on May 23, 2017 after two years of consultations, including with our law firm. Continue Reading…

Independent Contractor or Employee? That is the Question.

By , September 14, 2016 1:46 pm

Many companies hire contractors instead of employees. As we have written before, some advantages for contractors are paying less taxes and being able to claim more tax deductions. However, a contractor is not protected by the Employment Standards Act. Those protections include pregnancy and parental leave, termination and severance pay, and overtime pay. Just because Continue Reading…

What’s in a name – Employee or Independent Contractor?

By , March 21, 2016 10:00 am

Have you been recently terminated and the company did not provide notice or pay-in-lieu of notice because you are an “independent contractor”? Sometimes organizations believe that it is more advantageous to categorize the working relationship as one of independent contractor in order to avoid making payroll remittances and to permit termination of the relationship without Continue Reading…

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