I have a situation where I was a disguised employee but show. As a contractor but I looked into it and most definitely

Expert's Assistant chat
Customer: I have a situation where I was a disguised employee but show
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: As a contractor but I looked into it and most definitely should be classified as an employee . 2nd he changed the terms without discussion or approval and reduced my pay and hours
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I havent discussed with anyone I was the hr department, his personal assistant, the book keeper, the trainer for staff and no I am not in the union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is so much I dont even know
Answered by Debra in 2 hours 2 years ago
imglogo
Debra
10+ years of experience
logo

166276 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Debra
logo
logo
166276 Satisfied customers
logo
10+ years of experience
imglogo
Debra
10+ years of experience
logo

166276 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

img

Debra, Expert

I am sorry to hear of this difficult situation but what is your specific legal question please?

Customer
Can he change the contract with no notice and would it be in my best interest to have the cra ruling for him having me as a contractor but acting as an employee/ employer situation
Customer
He has given my job away to another company now
img

Debra, Expert

No he cannot change your contract without notice. He cannot change your contact at all. If he is saying that you were an employee but now are a contractor then he dismissed you from the position you first held as an employee and then you were entitled to reasonable notice or pay in lieu of reasonable notice.

And yes it would be worth your while to ask the CRA to make a ruling. They do this all the time because this is a common complaint.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
There is so much that i will just put it in point form and then ask my questions so you have the background as that may help.
1st part:i was hired as contractor to do book keeping (they were 3 years behind in doing the year end and were facing an audit) My first week there i uncovered internal fraud (owners son who took more than 200,000 that i found initially. Thats when my job became more than book keeping and not by agreement but in tasks the owner would give me. Eventually i ended up being the HR department doing terminations, the owners personal assistant, the accounting department, trainer for all staff and still doing the books. i ended up working so much overtime but he would not agree to make me an employee which i have confirmation in texts and emails. i was using his equiptment, in his shop as he did not like it when i worked from home, under his direction of tasks but he would never sign the contractor agreement, it was just verbal. i gave him 2 in the last 17 months and he did not return either of them. The second one i increased my wage, he seen my invoices and has signed all the checks but again no signed contract. This is why i believe i was an employee not a contractor and think i should file with the CRA and have them review it.
2nd part:
when i got there they had converted from Sage to Quickbooks online but had not done the conversion correct and with the fraud, the downloaded bank transactions, the previous book keeper not doing anything, it was a mess. I could not fix the quickbooks and suggested many times we just open a new quick books and start again. Under the direction of the accountant who said we would just adjust the totals to match what we have at year end the owner advised me thats what we will do. This still was not done and i have tons of emails to the accountant asking when this will be completed as i cannot use quickbooks the way it is as the numbers aren't right therefore not reflecting the true business. The owner decides to buy a new building and needs quickbooks repports for the bank as my manual spreadsheets which i have had to create so i knew where we were sitting and keep everything under control financially (they were on COD on every vender account when i got there due to so many nsf and non payments and i have since got them back on track - not 1 nsf in a year and the vendors are all net 30 days even the landlord decided to renew the lease and had come at one point to kick them out)
He fires his accountant recently and blames me for the quickbooks not being correct so we start butting heads as i have been tellling him for a year what is wrong. So he hires another book keeping company to clean up the quick books and has them use my spreadsheets to do so after i told him i could have easily done the same thing for half the money. he then sends me a message on Monday saying that since he was forced to hire this other company he has to reduce my budget. For 3 days i call, message and email asking what that means. He ignores me. Finally on Thursday he answers saying he thinks 3 days a week maybe but he needs to have payroll done and the ROEs for the other company i also was doing his payroll for (no longer apparently) so i tell him i will come in the next day and do this. The next day i text him 11 times as i need the log in for the ROE and i get a message back saying he has given the job to the other company. nothing else and will not answer any of my texts.
i get a text yesterday that says i am not allowed at the shop and they have rekeyed. I ask about my final pay and my belongings and still nothing in response from him.
side note: he was exrtemely inappropriate in the workplace and once at my home where i had to kick him out of my home and move him out of the office we shared. I have his admission of guilt in a text message where he is apologizing for pinning me in the office and groping me. He was recently charged with sexual assault of 2 other employees from the other company he owns, i have not yet went to the police.
So my questions are:
if the contract is not signed is that still count?
Reducing the budget is him changing the contract i would assume.
Can he give my job away without any notice?
Can he withhold my belongings and my pay while refusing me enterance to the work place seeing as i have done nothing wrong?
What can i do about all of this situation legally?
Thank you!!
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer