Employment Misclassification Concerns

Summary

Misclassification as a contractor may entitle you to employee benefits under bc law. Continuous employment could be argued despite a gap. Severance varies; consult a lawyer for specifics. Consider starting with a demand letter. Contingency-based legal representation may be available.

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irst of all, i signed a contract back in * when i got hired. then i had to leave because they weren't willing to have a canadian employee when i moved back home from chicago in april *. then six months went by and i got hired back from canada in october * and was just let go in march *. the original contract i signed was for an hourly employee, but when i was hired back on they asked me if i wanted to be hourly or salary and if i wanted to be a contractor or an employee. so i chose salaried contractor because tax breaks and consistency i thought. but they never had me sign another contract and just said that they were going to "use my old one"? also i was full time mon-fri *:*-*:30pm, so how is that a contractor?
It sounds like your employment classification might have been misrepresented. Here are some points to consider:
- Contractor vs. Employee: Contractors typically have more control over their work hours and methods. Full-time hours and consistency suggest an employee relationship.
- Written Agreement: The lack of a new contract could be problematic. Terms should be clearly defined in writing.
- Employment Standards: British Columbia has specific laws regarding employment classification.
Would you like to be connected to local lawyers who can better assist with this issue?
I worked remotely in Canada for a U.S. company. Oct *–Apr *: Hourly employee under contract Apr–Oct *: Not employed (they wouldn’t keep a Canadian worker) Oct *–Mar *: Rehired as salaried contractor, no new contract Mar *: Fired without cause, warning, reason, or severance Though called a contractor, I worked full-time (Mon–Fri, *–*:*) under company control. No performance issues or discipline. Refused any reason for termination. Forced to use a U.S. mailing address for payroll despite living and working entirely in BC. Paid in USD via Paychex; I received W-2s and 1099s. Is this misclassification? Does BC law apply? Should employment be seen as continuous from *? What would a realistic severance or settlement range be? Would legal fees be worth it? Would this be best handled by negotiation, demand letter, or legal action?
Hey ****, it sounds like you have a complex situation. Here are a few points to consider:
- Misclassification: Based on your work conditions, you might be classified as an employee rather than a contractor under BC law.
- BC Law: Yes, it applies since you worked entirely in BC.
- Continuous Employment: Potentially, if the work was essentially the same.
- Severance: This varies; consulting a lawyer would help.
- Legal Fees: It depends on the case's complexity and potential recovery.
- Next Steps: Starting with a demand letter might be less confrontational.
Would you like to be connected with local lawyers to discuss this further?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
*-*-*
Case Rating: *
Great, ****. I believe your situation might be a high-value case. To connect you with local lawyers, I need to gather a bit more information.
What is your zipcode?
V0N 2W6
Case Rating: *
Thank you for providing the details, ****. I need to gather a bit more information to connect you with local lawyers.
What is your email address?
nicholasopp@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: **** ****
Email: nicholasopp@gmail.com
Phone: *-*-*
Zipcode: V0N 2W6
Reason: Misclassification of employment status and termination without cause or severance while working remotely in BC for a U.S. company.
From: FreeLawChatAi
Is there anything else I can help you with?
is there any lawyers that would take this on a contingency basis?
Case Rating: *
Many employment lawyers in British Columbia may take cases on a contingency basis, especially if they believe there is a strong chance of success. This means they only get paid if you win your case. It's best to discuss this directly with the lawyer once you are connected.
Would you like any more information or assistance?
which lawyers have you reached out to?
Case Rating: *
Hey ****, I haven't reached out to specific lawyers yet, but I will connect you with local employment lawyers in British Columbia who can handle your case. They will discuss options such as contingency fees with you. Would you like me to proceed with this?
yes
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: **** ****
Email: nicholasopp@gmail.com
Phone: *-*-*
Zipcode: V0N 2W6
Reason: Misclassification of employment status and termination without cause or severance while working remotely in BC for a U.S. company.
From: FreeLawChatAi
Is there anything else I can help you with?
based on previous cases, what is a ballpark for what people have received in similar situations? what's the potential?
Case Rating: *
In similar situations involving misclassification and wrongful termination, settlements can vary widely. However, employees have received:
- Severance Pay: Equivalent to several months' wages (commonly *-12 months depending on tenure and role).
- Damages: Compensation for lost benefits and emotional distress.
Consulting a lawyer will provide a more accurate estimate tailored to your case.
considering the fact that i wasn't an employee there for 6 months but was hired back on without signing another contract, would that effect my pay out?
Case Rating: *
The gap in employment and lack of a new contract can impact your payout but may not necessarily reduce it. Here are some points to consider:
- Continuous Employment: If your role remained essentially the same, an argument could be made for continuous employment.
- BC Employment Law: Misclassification as a contractor when you were performing as an employee could lead to entitlement for severance.
Would you like to proceed with further assistance or have any more questions?
no i'd like to proceed
Case Rating: *

**** ****


Phone: *-*-*
Email: nicholasopp@gmail.com
Zipcode: V0N 2W6
Reason: Misclassification of employment status and termination without cause or severance while working remotely in BC for a U.S. company.

****, I will now proceed with connecting you to local employment lawyers who can assist you further. They will reach out to you shortly to discuss your case in more detail.
thank you. do i need to do anything else?
Case Rating: *
Hey ****, you don’t need to do anything else at this moment. The lawyers will contact you soon to discuss your case. If you have any documents related to your employment, it would be helpful to have them ready.
Good luck!