Forums

US Company- CA Independent Contractor
Legal Forum
US Company- CA Independent Contractor
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We're a US based company employing a Canadian independent contractor. We thought with a written contract, this relationship would be clear; however, what I'm reading now is that she's more than likely
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36607

Forums » Topic Forums » Legal Forum » US Company- CA Independent Contractor

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Legal Forum  »  US Company- CA Independent Contractor

US Company- CA Independent Contractor

posted at 7/1/2010 7:26 AM EDT
Posts: 2
First: 7/1/2010
Last: 7/2/2010
We're a US based company employing a Canadian independent contractor. We thought with a written contract, this relationship would be clear; however, what I'm reading now is that she's more than likely considered an employee, and not an independent contractor. If our relationship seems to hit every point as an employee-employer relationship (control, ownership of tools, chance of profit/risk & integration) does a contract stating she's an independent contractor and outlining the limits of our relationship matter?

Thank you!!
New post Reply to this post

US Company- CA Independent Contractor

posted at 7/2/2010 3:01 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
No it doesn't - in Canada (just like in the US) a misclassified employee is a misclassified employee no matter what her contract calls her. And the fact that she signed the contract doesn't mean anything either (just as it wouldn't mean anything in the US).

Employee vs IC laws (and penalties for breaking same) in Canada are almost exactly the same as they are in the US. I have been training corporate management in Canada and the US on this issue for many years, so I know what of I speak.

Finally, "CA" doesn't mean Canada, it means California. The short form for Canada is, ummm, "Canada."
New post Reply to this post

US Company- CA Independent Contractor

posted at 7/2/2010 4:29 AM EDT
Posts: 2
First: 7/1/2010
Last: 7/2/2010
Thank you so much for the reply, it was extremely helpful! I'll pass it on to my HR person so we can re-evaluate the way we set up employees vs independent contractors.

I've seen CA used for both California of course, and as an abbreviation for Canada; though if you haven't seen it used for Canada before, I can see how that would be confusing. Thanks for pointing that out, I'll keep it in mind in the future.

And thanks again for all the info!
New post Reply to this post

Forums » Topic Forums » Legal Forum » US Company- CA Independent Contractor

Daily Q&A

How Do We Keep Our Best During Upheaval?

Things are getting scary for us. We recently had to downsize, and since then have lost some of our best people to other jobs. Aside from boosting their pay (which isn't feasible now), what practical steps can we take to keep them from quitting on us?

——Clinging to Hope, talent coordinator, hospitality, Guatemala

Read Answer

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

  • Workforce Technology (Bi-weekly)

    Covering the latest technology trends, tools and applications that are shaping the workforce in the 21st century. Delivered the 2nd & 4th Thursday of each month.

  • Dear Workforce (Bi-weekly)

    See what HR professionals are asking, and what Workforce Management experts are saying. Delivered the 1st and 3rd Thursday of each month.

  • Workforce Benefits (Weekly)

    Stay current on all aspects of employee benefits, from health care to retirement issues. Delivered on Wednesdays.

  • Workforce Week (Weekly)

    Free weekly update on the trends in HR and new tools added to Workforce.com. Delivered each Tuesday.

  • Workforce Talent (Monthly)

    See the recruiting, talent development and retention strategies of top companies and get the resources for effective talent management. Delivered the 2nd Monday of each month.

  • Workforce Training (Monthly)

    Stay current on the latest strategies and resources for training and developing your workforce talent. Delivered the 3rd Monday of each month.

HR Jobs

View All Job Listings

Search