Misclassified in Brampton? Here’s What You Need to Know
In today’s gig economy, more workers than ever are being labelled as “independent contractors.” But just because your contract says so doesn’t make it true in the eyes of the law. If you're doing the work of an employee—reporting to a manager, working regular hours, using company tools—you may have been misclassified.
At Brampton Employment Lawyers, we help workers fight back against employee misclassification. If you’ve been denied benefits, job protections, or severance because of your classification, we can help you correct it and recover what you’re owed.
What Is Employee Misclassification?
Employee misclassification occurs when a company treats a worker as an independent contractor or self-employed individual when, by law, they meet the definition of an employee. This practice often allows employers to:
- Avoid paying CPP, EI, and vacation pay
- Sidestep minimum wage and overtime laws
- Deny workers benefits or job security
- Eliminate obligations for termination pay
Under Ontario law, courts look at substance over labels. Even if you signed a contract as a “contractor,” what matters is how the working relationship functions in reality.
Key Factors Courts Consider
Not sure if you’re truly an employee? These are the main indicators:
- Level of control: Does the employer control your schedule, location, and how work is done?
- Tools and equipment: Do you use your own tools or the company’s?
- Risk of profit/loss: Are you financially independent, or do you rely on one employer for income?
- Integration: Are you integrated into the company’s business like a regular employee?
If most of these point toward employee status, you may be entitled to back pay, severance, and more.
Common Misclassification Scenarios in Brampton
We’ve helped clients from various industries in Brampton, including:
- Gig workers for delivery and rideshare apps
- Long-term “contractors” at warehouses and factories
- Sales representatives treated as freelancers
- Admin staff paid via invoices instead of payroll
- Tech workers and consultants with full-time schedules
These workers often have more rights than they realize.
Why It Matters: Your Rights as a True Employee
If you’ve been misclassified, you could be missing out on:
- Vacation pay and public holiday pay
- Overtime compensation
- Employment Insurance and CPP contributions
- Workplace protections under the Employment Standards Act (ESA)
- Severance pay upon termination
In some cases, you could even file for wrongful dismissal if you were fired without notice.
We Help Brampton Workers Get What They’re Owed
Our team will carefully assess your work history, contracts, and communication with your employer. If there’s a strong case for misclassification, we’ll help you:
- Demand proper classification
- Seek back pay and benefits
- Negotiate or litigate for wrongful dismissal damages
- Report ESA violations (if needed)
You don’t have to face this alone.
Misclassified in Brampton? Let’s Talk.
If you believe you’ve been wrongly treated as a contractor in Brampton, don’t wait. Brampton Employment Lawyers has the experience to fight for fair treatment and financial justice. Book your free consultation today and protect your workplace rights.
