Dependent contractors and unforseen notice requirements

When trying to determine who is a contractor and who is an employee, employers shouldn’t overlook the middle ground
By Jeff Landmann
|Canadian Employment Law Today|Last Updated: 03/07/2012

Expanding the contractor definition

Many employers try to be careful when hiring contractors to perform work, using careful language in the contract to make it clear that the contractor is independent and free to make her own decisions regarding her business and work. However, if the relationship between the two parties doesn’t closely follow the boundaries of a contractor relationship, the language of the contract may not amount to much if the reality of the relationship is different and the relationship reflects an employer-employee dynamic.

Employment and labour law employer Jeff Landmann discusses the real factors that determine the difference between independent contractors and employees, and when circumstances don’t quite match the definition of either, creating a middle ground wherein exists the ‘dependent contractor.’