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Why Employment Law Is Critical in Employer-Employee Relationships

Why Employment Law Is Critical in Employer-Employee Relationships

byLecker & Associates | Employee Rights and Entitlements , Employment Contracts , Fired, Laid-off, or Forced out , Illness, Sick, and Stress Leave , Maternity & Parental Leave , Workplace harassment

Workers are classified into three categories: employees, independent contractors and dependent contractors. You may be legally entitled to certain rights and benefits depending on the category in which you’re classified. 

Below, we outline the categories and how the law applies to each. The category you work in may differ from the one you were hired in, the one that is written on your contract or the one you were discharged from. That may mean there is also a difference in your legal entitlements. In such a case, it’s best to contact an experienced employment lawyer to assess and advise you on the specifics of your case.

Employees

Employees are workers who are in a direct employment relationship with an employer. This is the full feast of employment rights with all the trimmings. Employees are typically employed by one massive company, two employers acting as a common employer or even a small employer working under their own name. Whomever the employer is (which is a legal determination) the employer completely controls, among other things, the employee’s conditions and hours of work. 

The courts consider several factors when determining who is an employee. Those factors include:

  • Whether or not the individual exclusively provided services to the company;
  • The degree of control the company had over the individual’s work;
  • Whether the individual was required to supply their own tools and equipment;
  • The degree of risk taken by the individual (e.g. their chances for profit and risk of loss); and
  • The degree of integration between the individual’s activities and the company’s business.

The Canada Labour Code (CLC) at the federal level and the Employment Standards Act (ESA) in Ontario govern employee-employer relationships. Given the employee-employer power imbalance, the legislation is geared toward the benefit and protection of employees. It grants employees several rights, including various job protected leave of absences and vacation pay/time. 

On an employment relationship’s termination without cause, employees are entitled to notice of dismissal, payment in lieu of notice and/or severance. 

Independent Contractors

Independent contractors – or simply “contractors” – are engaged by companies under a limited contract for services. Contractors run their own businesses or self-employed, may have multiple clients or employers and are responsible for filing their own taxes amongst other legal and financial obligations. 

Unlike employees, contractors have more freedom to operate than employees, as the business has limited authority to dictate how a contractor completes a job. As a result of this increased autonomy, contractors are not entitled to the benefits or protection employment laws generally provide. 

Dependent Contractors

Dependent contractors (DC) are a recently established class of workers, fitting into neither the employee nor contractor category. DCs sometimes rely on one primary employer or ‘client’ for majority of their income. These are workers who, although legitimately self-employed, earn all or the majority of their income from a single client. To define a dependent contractor, the courts consider factors such as:

  • Whether the worker works all or mostly for one employer;
  • Whether the time, place, and nature of the worker’s work are controlled by the employer;
  • Whether the worker owns the tools that they use in the course of their work for the employer;
  • Whether the worker has taken on risk in relation to the employer’s business, such that the worker has a direct stake in the success or failure of the business; and
  • Whether the worker is integrated into the employer’s business (or, in the alternative, operates an independent business in the service of the employer)

Legislation that governs employees does not governs Dependent Contractors, but they are entitled to make a claim for wrongful dismissal. Unlike independent contractors, dependent contractors may be entitled to reasonable notice or pay in lieu of notice on termination of an employment relationship. 

Worker Misclassification

Employers often misclassify workers – in some instances erroneously, in others, intentionally. Sometimes, employers try to avoid costs and deny employees benefits and protection the law guarantees. 

For example, John Deer entered a “independent contract for services” relationship with Canada company Inc. on Project Humongous as an IT worker. During his tenure, the contractor-employer relationship changed when John Deer began working exclusively for Canada Company Inc, starting introducing himself as an agent of the company and used the vehicle and computers provided by the company. If John Deer was classified as a contractor yet performs the exclusively for the company, deriving a majority of his income from Canada Company inc., it may be a case of worker misclassification.

Whether you are classified as an employee or a contractor, each category is treated differently by law.

If you have concerns about your job classification, you can contact an employment lawyer. You can also find information online at the Government of Ontario’s website (jobs and employment).

Your Employment Lawyers in Toronto

If you are an employee misclassified as an independent contractor, contact Lecker & Associates. Our experienced employment lawyers are ready to assess your case, advise you on the best course of action and ensure you receive the benefits you deserve. 

Call us at 416.223.5391 or complete our contact form to request a consultation. 

Testimonials from Employees Like You

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Uma Seetal
2026-10-03
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I’m extremely grateful for all the help and guidance I received with my employment matter. Matthew Fisher was incredibly knowledgeable, supportive, and genuinely dedicated to fighting for me. They took the time to explain everything clearly, answer all of my questions, and guide me through every step of the process. Eslita was excellent — very responsive, organized, and proactive with communication, which made everything feel smooth and well-managed. I truly appreciate the time, effort, and care that went into my case. I would absolutely recommend Matthew to anyone who needs someone knowledgeable and committed to fighting for their rights.
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Joanne Bissonnette
2026-09-25
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Awesome Team ⭐⭐⭐⭐⭐ "Thank you so much to Soniya Ponniah and Ashley Hussey at Lecker & Associates. You provided wonderful support, guidance, and clear communication throughout this employment law matter. Your exceptional legal counsel and strategic management led directly to a successful and highly agreeable resolution. I highly recommend your legal services. Thank you again!"
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Terrion Linton
2026-09-23
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⭐⭐⭐⭐⭐ Excellent Employment Law Firm I had an excellent experience working with Lecker & Associates regarding an employment matter. From the beginning, I was treated with professionalism, respect, and genuine care. I would especially like to thank Ms. Soniya Ponniah and Ashley Hussey for their outstanding guidance, communication, and support throughout the entire process. They took the time to answer my questions, kept me well informed, and made sure I understood each step along the way. Their professionalism and attention to detail gave me confidence that my matter was in capable hands. What stood out to me most was how responsive, knowledgeable, and respectful they were. Dealing with an employment matter can be stressful, and having experienced professionals supporting and guiding you makes a significant difference. I am extremely grateful for the service I received and would confidently recommend Lecker & Associates to anyone seeking professional and knowledgeable employment-law assistance. A sincere thank you to Ms. Soniya Ponniah, Ashley Hussey, and the entire Lecker & Associates team for your exceptional service, professionalism, and support.
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Moumita Tasmin
2026-09-16
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I had a helpful and informative consultation with Nathan Whittingham. He was professional, attentive, and took the time to explain my options clearly. The consultation is a paid service, but I found the guidance valuable and appreciated his time and professionalism.
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Conor Quenneville
2026-09-08
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Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.
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Faiyaz Ally
2026-08-21
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Matthew was very hands-on throughout which is exactly what I expect. The communication was prompt, and professional. Eslita was always available if I had questions or needed to reach Matthew. Highly recommend this team.
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XU ZIMING
2026-08-18
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I had the pleasure of speaking with Nathan Whittingham regarding my previous employment experience. He was very helpful and understanding of the issues I am facing, and he provided valuable advice on several related topics. I would be very pleased to have him represent me as my paralegal in the future.
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Michael Armstrong
2026-08-18
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Fifteen years ago, through no fault of my own, I found myself unemployed and facing a severance package. Uncertain about what to do, what my rights were, and under pressure from my employer to sign the agreement, I knew I needed professional help. That’s when I found Lecker and Associates. Their guidance, expertise, and support made all the difference. The results far exceeded my expectations, and I was extremely grateful for the way they handled my case. Fifteen years later, I turned to Lecker and Associates once again and received the same high standard of service and dedication. Once again, the results far exceeded my expectations. Lecker and Associates have earned my utmost respect and comes with my highest recommendation. I would not hesitate to recommend them to anyone who needs knowledgeable, professional, and compassionate legal representation.
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Lia L
2026-08-18
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I highly recommend Ian Hurley, Nathan Whittingham and the team at Lecker & Associates. After having a terrible experience with my previous counsel from another law firm, I approached Ian with recommendation from a friend. Ian and his team graciously agreed to take over my case. Ian demonstrated that he truly understood and cared about my situation and provided clear and reasonable advice. He and his team handled everything with patience, efficiency, and professionalism. They set realistic expectations and delivered. Within less than 3 months, Ian was able to reach an acceptable settlement when it took my previous lawyer over a year to get nowhere. I'm truly grateful to Ian, Nathan and his team for helping me move forward and finally put a difficult chapter behind me. I would recommend Lecker & Associates to anyone who's in need for a professional, knowledgeable, and dedicated legal team.
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Lidia Sharpe
2026-08-17
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I had an excellent experience with the team of Matthew Fisher and Eslita Ramkishun. They were always very clear & transparent in their communication and represented me very well with my case. I greatly appreciate their professionalism, expertise and always ready to answer my questions

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