Common Law Tests: Independent Contractor versus Employee скачать в хорошем качестве

Common Law Tests: Independent Contractor versus Employee

Just because someone is called an independent contractor, they've signed an independent contractor agreement or they are paid like an independent contractor, it doesn't mean that they aren't an employee. Determining whether someone is engaged as an employee or an independent contractor comes to make a legal determination based on the specific facts as applied to a series of common law tests that have been developed by the courts. Those common law tests include: (i) the Control Test; (ii) the Four-Fold Test; (iii) the Organization Test; and (iv) the Statutory Purpose Test and Economic Dependence. For information as to our review procedures for terminations, firing, permanent lay-offs and other related employment law matters, please feel free to phone us at 403-400-4092 or email us at Chris@NeufeldLegal.com, and we will advise you as to the process that we undertake with respect to any such review and the obligations that we require from yourself should we agree to perform such a review. For Alberta employees, visit our website http://www.CalgaryEmploymentLawyer.ca. As an honest and hard-working employee, you should not be underpaid when you are terminated, fired or laid off, nevertheless, the world that we live in does not necessarily play fairly or pay you all that you should be entitled to. Protecting the financial well being of you and your family is extremely important. As such, knowing what action to take and when to take it can be incredibly difficult and frustrating. What is important in these particular situations is that proper consideration of all the facts and circumstances are taken into account, as is the specifics of the law, and than getting knowledgeable professional advice, which often will include but not necessarily be limited to, the advice of an experienced lawyer who has been apprised of all the facts and circumstances, not only in the workplace but in the broader perspective of your life and future, given the difficult and unexpected negative turns that might arise when you proceed down a certain path. The reality is that every path forward is fraught with danger and uncertainty, although potentially the most dangerous path is not exploring with knowledgeable professional counsel your potential paths forward such that you leave significant money on the negotiating table that you would be rightly entitled to. ** PLEASE NOTE: This is attorney advertising that is provide solely for informational purposes. The video only addresses very general aspects, without delving into specifics, which are absolutely critical to any legal analysis and approach. As such, it is ALWAYS recommended to engage the services of a knowledgeable lawyer to address the specifics of your particular situation, as this will dictate how you should approach any business or legal matter. Your receipt of such information does not create a solicitor-client relationship with Neufeld Legal PC or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Prior results referred to in these materials do not guarantee or suggest a similar result in other matters. We are only admitted to practice law in certain jurisdictions and appear before certain courts, such that our legal advice reflects our knowledge as to those particular jurisdictions and courts, which may substantially differ in other jurisdictions where the courts, laws, statutes, rules, regulations and case precedent may differ. #independentcontractor #employmentlaw