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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95866
Experience:  Lawyer
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I volunteer non-profit organization in British Columbia,

Customer Question

I volunteer for a non-profit organization in British Columbia, Canada. Our non-profit has one paid employee. We are in the process of hiring the employee. This is an independent contractor position. We are now in the stages of negotiating the contract with this person and she has requested changes to the contract. As this is a non-profit, all of the board members have to agree with the changes to the contract and not everyone agrees. Some of the board members feel that some of the changes the employee is requesting my put the non-profit at risk. Specifically, she is requesting the contract to be made in the name of herself as well as her business name which is a sole proprietorship. Some board members feel this may add risk to the non-profit. The non-profit currently has a clause in the contract that the contractor must perform the specified tasks to the satisfaction of the contractor in order to be eligible for compensation. She wants this clause removed. She wants to include a clause stating that any additional tasks requested of the consultant shall not increase the workload of the consultant over and above what was originally agreed to. The contract does not state what workload was originally agreed to. This person started working for the non-profit about a month ago without a signed contract and now is in the negotiation stages. I think this also may put the non-profit at risk.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Legal Ease replied 3 months ago.

This is a complicated situation, and please understand that all I am telling you is just basic legal information. I cannot provide you with legal advice. Generally, it would not make sense to have two separate entities contracting with the organization for the same work. It does not make any sense for the board to agree to contract with her corporation and not her if some people do not wish to do that. It certainly would not help your organization to have a contract with a corporation because if that corporation has no assets and something goes wrong no one is going to be on the hook for damages.

If this person is asking for too much or this is too complicated it seems that down the road you may all be asking for trouble given that she is making a very simple situation much more complicated than it need be.

I hope that helps as a starting point.

Customer: replied 3 months ago.
This answer did not answer my question at all. The answer refers to a corporation, however, it is a sole proprietorship, not a corporation. No other points in my question were answered - work load and satisfaction of work completed were not addressed. Sorry, not satisfied, not impressed.
Expert:  Legal Ease replied 3 months ago.

This is supposed to be a conversation. We can go up and back as much as you like but given your approach I prefer to opt out.

Customer: replied 3 months ago.
My apologies, I do not understand.
Customer: replied 3 months ago.
Is anyone able to answer my question?

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