Independent Contractors vs. Employees | Employment Law Show TV – S1 E4

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 1 Episode 4 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30)

On this episode, we discuss the differences between being an independent contractor vs. being an employee, severance deadlines, being forced out of your job and more!

What We Covered

► 1:04 A man worked as a machine operator at a plant for 30 years. His employer encouraged him to retire, but to their surprise, he said no. He was then harassed, written up, suspended and eventually terminated “for cause”. Is he entitled severance?

► 3:36 What steps can I take if I feel I am being forced out of my job?

► 4:34 An operations supervisor was let go after missing two days of work. The first day off was connected to a financial issue, while the second was connected to a car accident. Is missing two days of work a legitimate reason to be fired?

► 7:00 I was laid off due to a “work shortage”, but I haven’t been given a clear indication of when to return to work. Can my employer do that? What if they have no intention of bringing me back to work?

► 10:02 An I.T. manager was let go after 14 years with a company. They offered him 8 weeks’ pay in severance, but said his offer was only good for 24 hours. After 24 hours, he was told that it would drop down to 4 weeks’ severance. He signed right away but feels he should have been owed more. Should he have signed off on the package?

► 14:11 I am pregnant. My manager is giving me a hard time, and is constantly reviewing my work. I’m worried that my manager will attempt to fire me soon. What should I do?

► 16:19 How does the Severance Pay Calculator work?

► 20:12 A truck driver has been working for a company for 11 years, working 48 hours a week. They want him to sign an agreement that says he’ll work 60 hours a week. HR told him that this is the new company policy and they are within their rights to make the change. Does he have to agree to the change?

► 22:29 You’re Not Really an Independent Contractor!

• 22:34 What is the difference between an independent contractor and an employee?
• 23:45 Does it really matter if you’re an employee or an independent contractor? Are you better off being an employee?
• 24:42 Can you still be an independent contractor if you don’t meet the criteria? What if you both the employee and employer agree on the independent contractor designation?
• 25:53 Does it matter if the employer is not deducting taxes from your pay?
• 26:53 Does being incorporated give you independent contractor status?

► 27:41 Why you should use The Severance Pay Calculator to review a severance package BEFORE signing it.

Next Episode: Employment Law Show S1 E5 – Why People Sign Severance Offers When They Shouldn’t

Previous Episode: Employment Law Show S1 E3 – Employment Contracts