WHAT IS AN INDEPENDENT CONTRACTOR?

At law an independent contractor enjoys certain advantages and disadvantages. For example, they have the ability to write off certain expenses as per the work they perform. In essence, an independent contractor is a self employed individual. Whereas, an employee is simply a traditional employee working for someone. The easiest way to distinguish this is to look at a real estate agent. Most real estate agents are independent contractors. They use their own funding for marketing, networking etc. The more they market, the more business they may receive.

The most important distinction with an independent contractor is that they are not entitled to any notice pay or severance pay. However, courts here look to determine whether in fact the independent contractor was truly independent and not an employee disguised as such. For some employers its beneficial to have an individual identified as an independent contractor.

IF YOU ARE AN EMPLOYER UNDERSTAND YOUR RIGHTS

If you are an employer ensure you are not intentionally misleading an employee with respect to the independent contractor versus employee distinction. In court, you could be penalized.

IF YOU ARE AN EMPLOYEE UNDERSTAND YOUR RIGHTS

If you are an employee ensure you know the difference between an independent contractor versus employee. Is your employer intentionally trying to define you as one or the other? Even if you are self employed per say and even if you invoice on your own. You may still be found to be an employee for the purposes of termination.

EMPLOYMENT LAWYER IN BURLINGTON 

If you need an Employment lawyer in Burlington call me.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211