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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101440
Experience:  Lawyer
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This is my situation. I was working spray foam company few

Customer Question

Hello, This is my situation. I was working for a spray foam company for a few years. I was payed by the hour and as a regular employee. I received regular pay cheque with a pay stub every week and to guess how much my pay would be after taxes i would multiply my hours by my hourly wage and then multiply that figure by .23 and that would tell me how much i would get after taxes were taken out. atleast it would be very close. Every year though he would start to pay me at some point during the year with personal cheques and with no pay stub to let me know how much taxes were taken from me that week. when i asked him about why he was paying this way he always told me the same thing... he would tell me that his quick books (what he used to print me pay cheques with) was broke and he had to pay me this way for a little while until he could get his quick books program up and running again. as i always did every week i would multipy my hours by my wage and then multiply that figure by .23 and my pay would reflect a number that was very close to a figure like he was taking taxes out of me with the personal cheques aswell. after a month or two he would start to pay me through quick books again and i would again get pay stubs attached to my pay cheque. this all would happen in the same fiscal year. But when i went to do my taxes the lady that was doing my taxes said he had given me a contractor number and payed me a small part of the year as a contractor and didn't take taxes out of me for those pay cheques.. that resulted with me owing a large amount of money for taxes that were not payed. i told the woman that i was never a contractor and i have always been a regular employee with my employer and that he never mentioned anything about paying me as a contractor. she figured he was trying to save money during the year by paying me with personal cheques and without telling me, he somehow got me a contractors number and payed me like a contractor but if he was doing that i should have gotten much more money every week because he wouldnt have been taken and deductions from me. but if he did pay me more i would have asked him why he was paying so much more money a week and if he had my hours right. but i didnt ask him anything because my pay seemed to work out to a very close estimation when i did my calculation of what i should been payed every week even when he was paying me with personal cheques. so i assumed he was taken deductions from me as normal. so thats my story and he did that three years in a row. he also did that to my co-worker too. my question is...can he just give me a contrators number and start to pay me as a contractor in the same fiscal year and not tell me? and i have no proof when he was paying my with personal cheques that he was not taken taxes out of me for those weeks. i want to know if there is anything i can do to prove he was dishonest with me and find a way for me not to have to pay back all this tax money he withheld from me and if its even legal for him to give me a contractors number without me knowing. shouldnt i have to be the one to apply for a contractors number and have to sign some paper work to get a contractors number?
thank you
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

You can file a complaint with the Employment Standards Branch. He acted unlawfully and will have to reimburse you and the CRA for what was owing.

He cannot simply decide to treat you like an independent contractor. He can now face fines.

So I suggest starting out by calling them tomorrow.