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Using independent contractors to create a flexible workforce is a risky proposition. If a company accurately categorizes a worker as an independent contractor, it is free from: Making payroll deductions and remittances. Adhering to minimum standards legislation. Providing common law reasonable notice of the end of the working relationship. If the company gets it wrong, the worker may …

Dependent contractors are entitled to common law notice Read More »

Workers who are under a high degree of control are actually employees in the eyes of the law. That is regardless of the fact that they may have been misclassified as independent contractors by their employer. Gig economy enterprises are committed to calling all their workers independent, whether they really are or not. There may …

Legal developments with contractors in the gig economy Read More »

The Ontario Attorney General, Doug Downey has recently announced that the small claims court monetary jurisdiction will be increasing starting January 1, 2020. The increase will be from the current maximum claim value of $25,000 to $35,000. For many years there has been much conversation around the small claims monetary limit and whether increasing it …

Small claims court jurisdiction increases to $35,000 Read More »

In a recent British Columbia decision in Akhtar v Routtenberg et al, 2019 BCCRT 1003 (CanLII), there were two issues to be decided: the first was did the Respondent, law firm owe the Applicant, Lawyer money for the legal work he did, Law Society fees, and for pay in lieu of two weeks’ notice? And …

Lawyer accused of incompetence still owed wages for time worked and notice even though employer claimed they did not have a contract with him Read More »

There are some benefits for workers in being independent contractors, and some people do prefer having the flexibility to turn down work when it suits them. However, surveys find that a significant percentage of Canadians who work part-time or as independent contractors do so because they have no alternative. They would rather have steady, full-time …

Why Many Employers Love Independent Contractors Read More »

The Canadian economy is increasingly being disrupted by new global businesses based on Internet apps and platforms. They are providing precarious gig economy work. In some cases, these are the only alternatives for people who no longer have access to traditional paid employment. Often this is because local employers have been driven out of business …

Rights of workers in the gig economy Read More »

Being laid off or fired from your job can be a jarring and very stressful experience. The law in Canada has recognized that employment is central to an individual’s identity and sense of purpose and on this basis offers various protections to employees. The following is a list of questions you should ask your employer, …

7 Questions to Ask Your Employer If You’ve Been Laid Off Or Fired Read More »

Unfortunately, many employees do not have their severance package reviewed by an employment lawyer upon being laid off or fired. Only an employment lawyer will be able to assess your severance package based on your of your rights and entitlements. 1. If your severance package seems low, it probably is. Employers often get legal advice …

9 Reasons You Need a Severance Package Review from an Employment Lawyer Read More »

A constructive dismissal in Ontario occurs when an employee is forced to resign as a result of a unilateral change by the employer to a fundamental term of the employment contract. Examples include a significant cutting of an employee’s hours or wage, and creating a toxic or hostile work environment. In other words, if the …

What is constructive dismissal and how can an employment lawyer help you? Read More »

Seeing an employment lawyer is one of the important ways to move forward after you have been laid off or fired. Employers do not always follow the rules when it comes to terminating employees, and there is a good chance that you may be entitled to much more than what your employer is offering you. …

6 Things An Employment Lawyer Can Do For You If You Have Been Laid Off Or Fired Read More »