My boss says that I am an independent contractor, not an employee?

This problem has become all to common in the last few years. Many employers like to misclassify their employees as independent contractors as it saves them money on their bottom line. Problem is its illegal, it can serve as a way to disempower their workforce and can cause significant problems down the road.

You had a great job interview, you were offered the job and then your boss springs this on you. You signed the paperwork anyway and now you are wondering what this means. What determines your relationship with your employer in this regard is not the contract or verbal agreement that you signed but is your relationship with your employer.

In a holistic sense, most people know if they are an employee or an independent contractor. There are various important legal tests to truly determine this but in my experience, 90% of the time people are misclassified and just do not know their rights. An independent contractor cannot be penalized or punished for their work. An independent contactor could have a friend or other individual come in to do their job at their own discretion. Independent contractors would not have equipment or uniforms provided to them by their employer. Independent contractors have tasks to do, not shifts to be on time for.

What your employer gains and you lose as a result of a misclassification:

•Robbing you of your vacation pay and employment insurance benefits.

•Stripping you of Employment standard act rights including termination notice and pay, rights to a safe workplace and more

•Making you pay more taxes for your income

•and more!

Employers are prohibited from penalizing or threatening to penalize employees in any way for exercising their rights under the employment standards act. If an employer punishes you for this they are making a legal mistake that will cost them money. Contact me to review your relationship with your work and seize what is rightfully yours.