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FOR EMPLOYEES
FOR EMPLOYERS




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I am a licensed real estate assistant & have worked for a sole agent for 2 years. Paid weekly as a contractor with an HST #.
No sick time, receive 1 week paid vacation per year, no stat holiday pay, no overtime pay (work an average of 45-55 hours per week), & have always been expected to work them as "on call". I have a desk, business cards & all overhead expenses paid by my employer.

2 questions - am I considered to be an employee? Or contract worker?

I posted my resume on an online jobsite 6 months ago, today my employer fired me as she came across it. No notice, no severance. Is this legal as I did nothing wrong?

Thank you for writing to us. In answer to your question, yes you would be considered an employee or at the very least a dependent contractor. In either case you would be owed severance. I would encourage you to visit the severance pay calculator our firm has developed to see what you are owed (www.SeverancePayCalculator.com). I would also encourage you to call us and set up a consultation with one of our employment lawyers.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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