Wrongful Termination And The Independent Contractor

Understanding British Columbia labour and employment law can be a complicated matter. For example, individuals may find it surprisingly difficult to ascertain whether one is an "employee" in the eyes of the law. As it turns out the difference between being an employee and being an independent contractor can be subtle. Those subtle differences may be very important should a wrongful termination suit hang in the balance.

The BC Employment Standards Act covers rights and responsibilities of employees in BC. For example, the Act outlines the process that an employer must follow if they want to terminate the employment of one of their employees, and how much notice they are legally required to give that employee (or pay in lieu of notice). Independent contractors are not protected by the Act. For that reason, some employers may try to skirt their obligations under the Act by declaring an employee to be an independent contractor.