Independent Contractor Classification

A person may be considered an independent contractor when some of the following describes their employment conditions:

  • You own and are responsible for some or all of the equipment or tools that are used to complete your job;

  • You are in business for yourself. This means that you can make a profit, but you also have the risk of losing money from the work you complete;

  • Whether you are economically dependent on the company;

  • You determine how and/or where your work is completed;

  • You can subcontract some of your work;

  • The company can end your contract for service(s);

  • The company cannot discipline you.

However, there is no single factor that the Courts will look at to determine if a person is an employee or an independent contractor. The Courts will look at the relationship as a whole before classifying a person as an independent contractor, dependent contractor or employee, and this is done on a case-to-case basis.

Independent contractor

Where a person agreed, verbally or in writing, that they are designated an independent contractor, is not determinative of the issue. This is because employees and dependent contractors may be entitled to more benefits such as notice of termination, whereas independent contractors may not be.

How do I know if I am an Employee or Independent Contractor?

It can sometimes be difficult to determine if you are an employee or an independent contractor. For example, a person may own and be responsible for all of their tools but may have no control over their work, hours or rate of pay. Further, there are many misconceptions about how to tell the difference between an independent contractor and an employee.

For example, a person may still be considered an employee even where they agreed to be an independent contract, charge HST, use their own vehicle for work purposes, and don’t have any statutory deductions from their pay (such as tax, CPP or EI).

Finally, you might even belong to an intermediate category called “dependent contractor.”

How can Zeilikman Law help?

In circumstances where you are unsure about the status of your employment as either an employee or an independent contractor, it is recommended to speak to an employment lawyer. Contact one of our experienced employment lawyers today to set up a consultation to discuss your options.

At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are youthful, professional, friendly and determined. We have the know-how to navigate through the psychology of any given dispute.

Request a consultation to learn more!

Legal Receptionist

Zeilikman Law is an employment law firm located in Vaughan, Ontario. We are looking to hire a legal receptionist to join our firm. Preference will be given to candidates who have experience working as a receptionist at another law firm.

Location: Vaughan, Ontario.

Start Date: Immediately.

Hours: Monday to Friday, 9 am to 5 pm. Full time. In-person only. This is not a remote work position.

Wages: 35,000 to 40,000 per year.

Duties and Responsibilities:

  • Manage our firm’s multi-line telephone system to receive incoming calls.  Screen incoming telephone call inquiries to determine the nature of the telephone call and provide standard information related to our legal services.  Take and deliver messages and route incoming telephone calls to the appropriate staff person.
  • Answer general inquiries coming from the firm’s social media and website email.
  • Welcome in-person visitors upon arrival.  Direct visitors to the appropriate staff person and / or office or boardroom.
  • Organize in-person visitor schedule to prevent overlap and multiple bookings.
  • Receive, sort, and distribute daily mail and deliveries.
  • Arrange for couriers.
  • Keep front reception, kitchenette area and boardroom tidy.
  • Perform various clerical duties such as filing, photocopying, and faxing on an as-needed basis.
  • Process client or other payments.
  • May be asked to run minor errands outside of office such as attending post office to arrange a courier or pick up mail.
  • May be asked to assist other law clerks or lawyers of the firm as required and as appropriate.
  • Any other basic administrative duties or tasks as deemed appropriate.

Required Skills:

  • Basic knowledge of general office procedures including filing, faxing, and printing and copying.
  • Basic word processing computer skills.
  • Proficient in receptionist and telephone practices, etiquette, and decorum.
  • Professional attitude and appearance.
  • Excellent organizational skills.
  • Positive customer service attitude is a must.
  • Must be able to maintain confidential and sensitive information.

Education and Experience:

  • Highschool diploma or equivalent.
  • 1 – 2 years’ experience in an office setting with an emphasis in accounting, reception or clerical work is required.   We would prefer experience in a law firm environment.

Applications for this position should be sent via email to jennifer@zeilikmanlaw.com. All applications should include a cover letter, resume and at least two references. Only successful candidates will be contacted.