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Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Worker’s Independence, Duties & Risks Decide Employment Status

Your liability with regard to a worker can vary depending on whether they are an independent contractor or an employee. If the worker is an employee, you must follow employment standards laws when terminating that worker and provide notice or payment in lieu of notice. But, if the worker is an independent contractor, you don’t need to give notice. Just because you say a worker isn’t an employee, though, doesn’t make it so. Here’s an example of how actions spoke louder than words.
What Happened: A motel housekeeper claimed her employer constructively dismissed her without notice or pay in lieu of notice when it reduced her work hours. The employer argued the worker wasn’t an employee but an independent contractor and even if she was an employee, she quit and wasn’t constructively dismissed. The housekeeper worked year round but worked more hours in the summer months when it was busier. She was paid hourly based on her reported hours worked. There was no employment contract and ...

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