Monkhouse Law has filed for an order to certify a class action suit against FSB Insurance Ltd. and FSB Commercial Ltd. (“FSB”) for misclassifying their workers as independent contractors instead of employees. This denied the workers holiday pay, vacation pay, overtime pay, CPP/EI and other non-monetary benefits of being an employee instead of a contractor.
The action alleges that the company violated the Employment Standards Act, 2000 (ESA).
The Statement of Claim was filed on June 23, 2020.
The action was certified, by Justice Morgan’s decision, available here.
The signed certification order dated November 9, 2021 is available here.
The certification notice is available here.
The opt-out period initially ended on March 24, 2022 but has been extended until April 3, 2022 by order of Justice Morgan.
IMPORTANT – No action is required by employees to join this class action. In Ontario, class action lawsuits are an “opt out” system, so if this class action lawsuit is certified, all employees who fall under the class action definition will be members of the class unless they opt out.
Former or current commissioned salespeople with FSB who have information that may assist the litigation should contact Alexandra Monkhouse at 416-907-9249, ext. 211 or firstname.lastname@example.org .
Affected employees of FSB can keep up-to-date on the employee class action lawsuit by completing the below form: