Mani,
That ruling depends on where you are working and what govt. dept you are
dealing with.
Given your situation, the Workers Compensation Board in Nova Scotia would
probably rule that although you were technically and independent, you were
not in fact, and if injured on the job you could get WCB benefits.
The Nova Scotia Department of Labour would probably consider you an
independent, but they're wishy-washy.
The Canada Revenue Agency (Federal govt.) would consider you to be a de
facto employee, ESPECIALLY if you tried to claim various expense deductions
available to the self-employed.
Whether Employment Canada (also Federal) would see it that way is moot.
And as you likely live in the US, you have what, 50 states and the District
of Columbia, plus your Federal Govt. If you have the money, spend $150 or
so with a labour lawyer in your state and you will get your answer really
quickly.
HTH - Miles
At 02:57 PM 12/13/2005, Manuel Saint-Victor wrote:
This is OT and I apologize in advnce but I think this is the population that
would have had the most experience about this type of situation.
I had been working as a Flash developer for an elearning company for about a
year and a half and after they stopped doing business and I went to the
unemployment office I was informed that there is no record of me having
worked there. When I called the company to follow up I was informed that I
was considered an independent contractor and therefore not entitled to any
unemployment benefits etc.
>From the research that I have done it seems to me that by controlling the
hours that I was supposed to work, when and where I did the work and
micromanaging every aspect of how the project was done that they eliminated
they eliminated their stake at me being an independent contractor.
If anyone has had any experience or knowledge about this type of situation
and where I stand and how I should go about handling this situation I would
greatly appreciate any advice about this.
Thanks,
Mani
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