In order to determine your rights and obligations in the workforce, it is important to establish whether you are an employee or an independent contractor.
You may be considered an employee if some of the following points apply to you:
- Your employer provides you with the necessary tools, equipment and/or materials to perform your work;
- Your pay is not affected by the quality of your work, or the speed at which you perform your work;
- You are not permitted to subcontract your work to another individual;
- The employer is entitled to suspend, dismiss or discipline you; and/or
- The employer determines your job description, your income, your benefits, and more.
Alternatively, you may be considered an independent contractor if some of the following points describe your work:
- You are responsible for providing some or all of the necessary tools, equipment and/or materials to perform your work;
- You are in business for yourself, make profit and assume the risk of losing money from the work you do;
- You determine your work schedule;
- You are permitted to subcontract some of your work; and/or
- The business that hired your services can end your contract but cannot discipline you.
Determining whether you are an employee or an independent contractor can be difficult. If you are unsure about your employment status, if you feel that you have been misclassified by your employer or if you believe that your employment rights have been violated, please reach out to our team at Lister•Beaupré Lawyers LLP.