About Toronto Employment Lawyer - Daniel A. Lublin

Daniel A. Lublin practices employment law across Canada, where he is involved in all aspects of representing both individual and corporate clients in employment law, human rights and labour relations matters, with a particular emphasis on wrongful dismissals and employment-related litigation.

In 2008 and 2009, Mr. Lublin was named as one of "Canada's Top Employment Lawyers" in Carswell's annual survey, in recognition of his contribution to employment law and human resources publications.

We have a temporary employee who has been here for 2+ years? Are we at risk for co-employment issues even though this person is through a staffing agency?

Yes, you are! The most important tell all when considering your risk is what this worker actually does and how it relates to your organization. Is this person really independent of your organization or have you simply structured it to appear this way in order to avoid liabilities such as withholding taxes, regulatory laws, severance payments and the employment standards regulations. The government agencies that make this assessment, along with the courts, are generally inclined to find this person is an employee unless they are clearly not.

One of the best strategies to use in order to avoid this risk is to outsource to a business with its own employees instead of hiring your own independent contractors.

Is it OK for our company's temps and contractors to attend company meetings or be involved in decision making?

The agency, tribunal or court that will assess who's worker it is will consider, among other factors, the level of control exercised over the worker and true independence of that person from your operation. Lapsing into comfortable relationships and forgetting that an individual is not a permanent employee is a common mistake. Putting this person in charge of making decisions that affect your business is a factor that suggests that this person acts consistent with an employee. Attending meetings, however, in order to take directions, does not generally suggest he or she is an employee.

Are we at risk for co-employment if a contractor provides us with a bill?

It doesn't matter who pays this person or how their relationship with your company appears on paper. What matters is how you treat them and what they do. The courts will quickly see through a relationship structured to avoid employment obligations, despite what may or may not be written into a contract. If this worker works exclusively for you, takes direction and supervision from you and is fully integrated into your business you are at risk for a finding he or she is an employee.

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