Employee vs. Independent Contractor | MacLeod Law Firm

Bill 148 (aka Wynne government changes to the Employment Standards Act) Bites the Dust

Doug MacLeod — Thu, 25 Oct 2018 13:31:20 +0000

On Tuesday afternoon, the Ford government tabled legislation Bill 47 – Making Ontario Open for Business Act, 2018 which will repeal some of the recent changes to Ontario’s Employment Standards Act, 2000 and eliminate new statutory obligations that are scheduled to be imposed on employers on January 1, 2019. Although Bill 47 must go through the legislative process, the Ford government has a…

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Damages Owed Under Fixed Term Contracts

Nadia Halum — Tue, 28 Nov 2017 17:32:04 +0000

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 into how damages are calculated when you are subject to a…

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Independent Contractor Owed Notice of Termination

Nadia Halum — Wed, 01 Nov 2017 15:01:24 +0000

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 still important takeaway points for independent…

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Significant Changes to Employment Standards Coming to Ontario

Nicole Simes — Fri, 02 Jun 2017 12:36:56 +0000

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. The Act proposes several…

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Independent Contractor or Employee? That is the Question.

Nicole Simes — Wed, 14 Sep 2016 17:46:33 +0000

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 a company labels you as an…

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

Katelyn Weller — Mon, 21 Mar 2016 15:00:24 +0000

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 notice or pay-in-lieu of…

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Should You See an Employment Lawyer About that Issue?

Nicole Simes — Tue, 23 Feb 2016 15:00:35 +0000

We often receive calls from individuals wondering whether it is worth spending the money to see an employment lawyer. Sometimes this is because the employee has been fired and received a termination letter and the employee wants to know if the amount is fair. Other times it is because an employee has been offer a new job and wants to know whether the employment contract is reasonable.

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Contractors and the Duty to Accommodate

Doug MacLeod — Fri, 16 Jan 2015 20:05:44 +0000

Does an Employer have a Duty to Accommodate a Disabled Independent Contractor or a Disabled Dependent Contractor? I recently fielded an interesting question. A human resources consultant was reviewing an employee manual for a client and asked whether the accommodation policy applied to a number of self-employed sales representatives who sold the employer’s services. The answer, of course, was: “It…

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Why you Should Have a Lawyer Review your Employment Contract

Nicole Simes — Wed, 22 Oct 2014 16:33:57 +0000

You have been offered a new job. You are excited about it. The offer letter seems fair and you are eager to start the position. Why should you pay a lawyer to look over this employment contract? Fast forward ten years. Your company is going through restructuring and you are now out of work. What that document said ten years earlier can dramatically affect your rights and entitlements when your…

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Employee or Independent Contractor? Our June 2012 Seminar

MacLeod Law Firm — Fri, 25 May 2012 15:43:22 +0000

There is a common misconception that an employer can choose whether to enter into an employment relationship or an independent contractor relationship with a person. The fact is it is the courts and administration agencies (like the CRA) who ultimately determine whether the person is an employee or not. The cost of making this mistake on this issue can be VERY expensive. Join us for this one hour…

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