The key difference between an independent contractor and an employee comes down to control and independence. Misclassifying you as an independent contractor instead of an employee—or vice versa—can lead to costly consequences for you and the employer.

For you, it could mean missing out on important benefits like overtime pay, vacation pay, and employment insurance. For the employer, misclassification can result in severe financial penalties, back wages, retroactive benefits, and even tax liabilities. The stakes are high. Thus,  getting it right is important.

As an independent contractor, you may be managing your own business relationships, working for multiple clients, and handling your own taxes. But what happens when your actual working conditions resemble those of an employee? If you’re operating under strict supervision, following set hours, or using employer-provided tools, you may have been misclassified. Don’t leave that to chance. 

Deciding if you are properly classified as a contractor or employee requires an in-depth consideration of your work, independence, and relationship between yourself and the employer. Contact a Whitten & Lublin employment lawyer in Toronto for guidance.

Whitten & Lublin Employment & Labour Lawyers are uniquely skilled in this area. The founding partners of Whitten & Lublin have co-authored the first book of its kind on contractors in the workplace through Carswell’s authoritative text, “HR Manager’s Guide to Independent Contractors in the Workplace”.

To learn more on Independent Contractors our book, “HR Manager’s Guide to Independent Contractors in the Workplace”, can be ordered online.

If you’ve ever had doubts about your rights as an independent contractor—it’s time to seek employment relationship advice. Working as an independent contractor doesn’t mean giving up basic protections. If you have been classified as a contractor but are primarily working for one employer and following their directives, they may have misclassified you as an independent contractor instead of an employee. In such cases, you could be entitled to benefits under the Employment Standards Act. 

By consulting an experienced employment lawyer in Toronto at Whitten & Lublin, you can gain a clear understanding of your legal standing. We are experienced in independent contractor agreements and can review existing contracts to ensure they accurately reflect the role and responsibilities.