I’m an independent contractor with a disability. Do I have rights at work?
1. Find out if you’re an independent contractor
Ontario's human rights laws protect workers who might be seen as independent contractors under other employment laws.
But Ontario's human rights laws about in the workplace are easier to enforce if you're an employee. So you should find out if you're actually an employee who has been mislabeled as an independent contractor.
Even if you signed something that says you're an “independent contractor” or in business for yourself, you still might be an employee.
The law says that whether you're an independent contractor or employee depends on many different factors.
For example, if you answer “yes” to some of the questions below, you might be an employee no matter what your contract says.
- Does your employer supervise your work?
- Does your employer decide what hours you work?
- Does your employer decide where you work?
- Does your employer provide the tools and equipment that you use at work?
- Do you work for only one employer?
- Do you get paid the same whether the business makes or loses money?
If you're not sure if you're an independent contractor or employee, it's important to get legal advice.