If you’ve been classified as an independent contractor in Toronto, but you’re treated like an employee, you may still be entitled to severance pay and employment rights under Ontario law.

Many workers are wrongfully labelled as contractors, even though their job resembles an employee relationship. The label does not override your legal rights.

Whether you’ve been terminated, misclassified, or denied severance, the experienced team at Samfiru Tumarkin LLP can help you fight for your rights. We regularly assist independent contractors in Toronto with misclassification claims, severance negotiations, and contract disputes.

💡 For a full explanation of how independent contractor status is determined across Canada, see our guide on independent contractors in Canada.


Do You Need a Toronto Independent Contractor Lawyer?

You may need a lawyer if:

  • You’ve been told you’re not entitled to severance pay because you’re an “independent contractor.”
  • You’re being treated like an employee, but the company calls you a contractor.
  • Your contract includes unfair clauses, such as non-compete or termination without compensation.
  • You’ve been terminated without cause and are unsure of your rights.

A misclassified independent contractor has the same legal rights as an employee in many cases. Don’t accept your contractor status without checking if you’re entitled to severance, benefits, or other employment protections.


Misclassified Independent Contractors in Toronto

It’s common for businesses to call workers independent contractors when they’re really employees in the eyes of the law. A misclassified independent contractor may still be entitled to:

In Toronto, many industries misclassify workers as contractors to avoid giving them proper employment benefits. If you’ve been misclassified, it’s crucial to speak with a lawyer to understand your rights.

💡 Ontario has specific legal tests for contractor misclassification. Learn more about independent contractor rights in Ontario.


Independent Contractor Agreements in Toronto

Many independent contractors sign agreements that protect the employer — not the worker. Independent contractor agreements can include terms that:

  • Deny severance pay or notice in case of termination
  • Include unfair non-compete clauses
  • Limit future job opportunities

⚠️ Your agreement does not override the law. If your contract doesn’t align with how you are treated at work, you may have a valid case for wrongful dismissal or severance pay.


Severance Pay for Independent Contractors in Toronto

Independent contractors who are misclassified as such may be entitled to severance pay when their relationship with the company ends. Under Ontario law, severance pay is based on factors such as:

  • Length of the relationship
  • Age
  • Job position and responsibilities
  • The availability of similar work in your industry

Many companies try to avoid severance payments by misclassifying workers as independent contractors. If you’re a misclassified contractor, you may be entitled to substantial common law severance in Ontario.

📲 Quick Starting Point: Use the Severance Pay Calculator for Ontario to estimate how much you may be entitled to.


When Should You Talk to an Independent Contractor Lawyer in Toronto?

You should speak to an employment lawyer if you:

  • Were terminated and told you’re not entitled to severance pay
  • Believe you’ve been misclassified as a contractor when you should be an employee
  • Have been pressured to sign an independent contractor agreement with unfair clauses
  • Need help understanding whether you’re entitled to severance or notice

An experienced Toronto independent contractor lawyer can review your situation, ensure your rights are protected, and help you recover any compensation you may be owed.


Why Choose Samfiru Tumarkin LLP?

At Samfiru Tumarkin LLP, we are leaders in employment law, with a track record of helping independent contractors fight back against misclassification and wrongful termination. We understand the intricacies of contract disputes and severance negotiations for contractors, and we regularly represent clients in Toronto and across Ontario.

Our no-win, no-fee approach means that you don’t pay unless we win. With thousands of successful cases and millions of dollars recovered for our clients, you can trust that we’ll fight for the compensation and rights you deserve.


Next Steps

If you believe you’ve been misclassified or wrongfully terminated as an independent contractor in Toronto, contact us today for a consultation.

Our team of Toronto employment lawyers is here to help you understand your legal options, and we’ll work tirelessly to secure the best possible outcome for your case.

📞 Call 1-855-821-5900email help@employmentlawyer.ca, or fill out our contact form to speak with an employment lawyer.

Misclassified as an Independent Contractor in Toronto?

You may still be entitled to severance, notice, or compensation — even if your contract says otherwise.

Check Your Severance Rights