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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I am a senior lawyer in Ontario.I'm sorry to hear that you are in somewhat of a difficult situation. Are you saying that she has been hired as a subcontractor essentially?Does she set her own hours? Does she direct how she does the work or do you? Does she use your materials for hers?Did you change how you paid her after she started using your space?
I didn't really get the answer to all my questions yet.Does she set her own hours? Do you direct how she does the work? Does she use your materials?
This is a bit of a tricky situation. It is really not clear what would happen if you went to court. She wants to argue that she is an employee. It is not clear that she would succeed because she insisted that she did not want to be an employee but wanted to be subcontractor. And until six months ago she did you work on the premises. She had flexible hours as well. She invoices you for her time, runs her own business and presumably has other clients.On the other hand, you do direct the work and she does use material your materials.
Based on your facts I would actually agree that she is not an employee and that she should be treated as a subcontractor now just as she wanted to be and was treated throughout. She cannot have it both ways and decide to choose which she is when it benefits her. If she is a subcontractor then unless there is something in her contract that gives her notice she is not entitled to any notice.As an employee on the other hand if she is dismissed without just cause she is entitled to reasonable notice or pay in lieu of reasonable notice. There is no likelihood that she would be receiving 2.5 months pay unless she was in a senior managerial position which it seems that she was not. One month per year is at the very, very top of the range and reserved for upper management.Does that help at least to some extent?
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