Employee or Independent Contractor? | Employment Law Show TV – S3 E18

Episode Summary

THE DIFFERENCE BETWEEN EMPLOYEE AND INDEPENDENT CONTRACTOR, what to do when an employer increases your workload, and more on Season 3 Episode 18 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Severance pay and gaps in employment

An employee started working at a company 19 years ago. He decided to leave 6 years ago. 3 months later, he decided he wanted to return to the previous employer, who took him back. 6 Years later, the employer fired him due to restructuring. They offered him severance pay based on 6 years, instead of 19 years. Was that wrong? Was he actually a continuous employee? How does a gap in employment affect severance pay?

Segment starts at 1:43

Employee has workload doubled

My sales manager is doing everything in his power to ensure I don’t make my sales target. Now he’s trying to force me to take on another full-time territory for the same salary. What should I do? Is an employer allowed to increase my workload?

Segment starts at 5:30

Let go while on a medical leave

I was injured at work, and had to take time off work on employment insurance. The company sent me a letter telling me that I no longer had a job there. Is there a time limit on when I can go after them for severance pay?

Segment starts at 8:30

Am I an Employee or an Independent Contractor?

1️⃣ What is the difference between an Employee and an Independent Contractor?

Segment starts at 10:36

2️⃣ How do you know if you have been misclassified as an Independent Contractor?

Segment starts at 11:42

3️⃣ How common is it for someone to be misclassified?

Segment starts at 12:41

4️⃣ So you believe you are really an Employee. What do you do?

Segment starts at 13:26

5️⃣ Do you have any advice for Employers?

Segment starts at 14:34

Severance Pay Calculator

The Severance Pay Calculator and why over 500,000 Canadians have used it to discover their rights, when a wrongful dismissal scenario is at play.

Segment starts at 16:50

Severance Pay Calculator Example

The Severance Pay Calculator example scenario: 53-year-old Alice worked in digital marketing at a company for 7 years. She was fired on a Monday morning without explanation, and offered 7 weeks’ pay. Alice’s friends are telling her to “take the money and run” – are they right?

Segment starts at 18:03

Workplace harassment

I was assaulted at work by a coworker. My employer has failed to do anything about it, and now I’m convinced that they’re going to try and let me go.

Segment starts at 19:59

Severance pay short-service employees

A friend of mine was fired from her job at a big international company. There was no reason for the dismissal, but she was under a performance review. They gave her 2 weeks’ pay after 2 years of work.

Segment starts at 23:18

Employer gives employee ultimatum

My employer told me that I can either resign or take a demotion. Which one should I choose?

Segment starts at 25:50

Employee let go and asked to sign release

I was just let go. I’ve been offered an additional 2 weeks’ pay to release any future claims to sue. In the last 12 months, I worked over 500 overtime hours. Will signing the release preclude me from filing a severance claim with the Ministry of Labour?

Segment starts at 27:21

Next Episode: Employment Law Show S3 E19 – Being Let Go From Your Job Without Realizing It

Previous Episode:  Employment Law Show S3 E17 – When an Employment Lawyer Can Help