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FOR EMPLOYEES
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Hello I am a personal trainer who has been working at a particular establishment for 13yrs as a contractor. 70% of my business is at this establishment. The owner of the facility has decided that he's turning us all into employees. Although no employment contract as yet. This will cost me over 1700.00 in lost wages per month with the source deductions. What are my rights here particularly since I have just learned that we have likely been employees this entire time as per the ESA and CRA? What kind of issues might I have with the cra going forwards? I pay my taxes yearly as per my income less write-offs. Thank you

There are advantages and disadvantages for each type of arrangement, i.e., employee vs. independent contractor, and people prefer one or the other based on their circumstances. The income tax treatment may be more favourable for independent contractors whereas employees have termination entitlements that true independent contractors do not. What matters at law is the essence of the relationship between the parties and not the labels. Finally, I will add that one can be treated as an independent contractor for CRA purposes and as an employee for employment law purposes. We would need to book a consultation to go over your questions, discuss the issues you are raising and review your entitlements and options so please contact us at the number below.
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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