Originally published at
www.irvinschein.com.
The recent Superior Court decision of McCready v. De Dwa Dehs
Nyes provides interesting observations about the rights of
independent contractors upon termination.
In this case, the Plaintiff was a social worker with years of
experience working with aboriginal communities.
The Defendant was a non-profit organization providing health
care and related services to aboriginal people.
In 2009, the Defendant obtained funding for a six-month research
project to collect information relating to aboriginal health care
issues. The Defendant was referred to the Plaintiff in September,
2009 as a person who might be able to supervise the project. In one
single phone call, the Plaintiff and a representative of the
Defendant discussed the project and the Defendant hired the
Plaintiff as an independent consultant for the six month timeframe
in which the project was to be completed. A total fee for the
Plaintiff's work was also