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My contract states that I am an independent contractor but I do not own a business, nor do I send invoices to be paid. I come to the office everyday and use the company’s equipment to work, so I feel that I am an employee. I am worried that if I am fired then I won’t qualify for EI or receive any pay in lieu of notice. My contract states there is a 3 month probationary period but doesn’t go into any detail. There is a clause that states the employer or the employee must give 15 days notice to termination of the contract, with no mention to the probationary period. I am confused as to what my right are and what I am entitled to.

Hello,

Many workers who are classified as independent contractors are in fact employees in the eyes of the law. The distinction is important because employees have certain rights that contractors do not have, such as the right to EI, to overtime and vacation pay, and to their full severance if they are terminated.

Specifically for EI and tax purposes, it is possible to have the CRA make a determination of whether you are truly a contractor or if you are rather an employee. You can simply contact the CRA to have them begin the inquiry.

Regards,

Lluc Cerda
Lawyer
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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