Employee Misclassification

Independent Contractor or Employee? The Line Isn’t Always Clear

In Ottawa’s public and private sectors alike, more workers are hired under the title of “independent contractor” to reduce employer costs. But under Ontario law, you may still be legally considered an employee, with full rights and protections—even if your employer says otherwise.

At Ottawa Employment Lawyers, we help you understand your classification, challenge unfair treatment, and recover everything you’re entitled to under the law.

Misclassification: A Growing Problem in Ottawa

From tech startups to health clinics, misclassification is happening across industries. Employers do this to avoid paying:

  • Overtime and vacation
  • Employer-side taxes
  • Severance packages
  • EI and CPP contributions

If you’ve been working for months (or even years) under someone’s control, using their systems, on their schedule—you may have a valid claim.

What the Law Really Looks At

It’s not about your job title—it’s about your actual working conditions. The courts and tribunals consider:

  • How much control your employer has over your work
  • Whether you supply your own tools or use theirs
  • Who sets your hours and location
  • How you’re paid (e.g. hourly vs. project-based)
  • Whether you work exclusively for one company

If you “look and feel” like an employee, the law will often see you as one.

Who Is Most at Risk in Ottawa?

We’ve helped many Ottawa-based clients who were misclassified, including:

  • Federal contractors in long-term roles
  • Consultants in healthcare or education sectors
  • Freelancers hired by the same company for years
  • Tech professionals on structured daily schedules
  • Temporary workers brought on without benefits

Misclassified workers are vulnerable to being dismissed without proper notice, denied basic rights, and shortchanged on their pay.

What You Can Do About It

If we determine you’ve been misclassified, you may be able to:

  • Claim unpaid vacation and overtime
  • Seek severance or termination pay
  • File a complaint with the Ministry of Labour
  • Launch a wrongful dismissal claim
  • Renegotiate your status moving forward

We’ll explain your options clearly and act in your best interest—always.

Legal Help for Misclassified Ottawa Workers

Whether you're a contractor in name only or were just let go without severance, we're here to help. Ottawa Employment Lawyers will review your contract, employment history, and role to build a strong legal strategy.

Take Action with Ottawa Employment Lawyers

Don’t let a misclassification cost you your future. If you’ve been treated like an employee but paid like a contractor, Ottawa Employment Lawyers can help you set the record straight. Call us today for a free case evaluation.

Get a free consultation

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