Employee Misclassification: Are You Really an Independent Contractor?

Thousands of workers in Brampton are misclassified as independent contractors when they are, in fact, employees under Ontario law. This misclassification costs workers critical benefits: no overtime, no vacation pay, no termination notice, and no access to EI.

At Brampton Employment Lawyers, we help workers determine their true employment status and recover what they're owed.

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What Is Employee Misclassification?

Misclassification occurs when an employer labels a worker as a 'contractor' or 'freelancer' to avoid providing statutory protections, when the working relationship is actually one of employment.

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How Courts Determine Employment Status

Ontario courts and the Ministry of Labour look at several factors, including:

• Control: Does the employer control how and when you work?
• Tools: Who provides the tools and equipment?
• Financial risk: Are you taking on profit/loss risk?
• Exclusivity: Are you restricted from working for others?
• Integration: Is your work core to the business?

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What You May Be Owed

If you've been misclassified, you may be entitled to:

• Unpaid vacation pay and overtime
• Termination and severance pay
• EI contributions
• CPP contributions
• Benefits you were improperly denied

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What to Do

If you suspect you're misclassified, document your working relationship and contact us for a free consultation. The sooner you act, the stronger your claim.

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Related Resources

• Understanding Your Right to Overtime Pay in Ontario
• What to Do If Your Employer Cancels Your Benefits?
• When Your Employer Doesn't Pay You on Time: Your Rights and How to Resolve It
• Employment Contracts: What to Look for Before You Sign