Re: [EXT] Re: Ending Verbal Contract

From
Erika Holtman <erika.holtman@thekey.com>
To
Elizabeth Reid <ereid@fasken.com>
CC
Brian Fialko <brian.fialko@thekey.com>, Timothy Thomas <tt@thekey.com>
Date
2024-08-16 14:34:33
Folder
INBOX
--0000000000004b4892061fd3ba17 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Thank you so much for the detailed response, Elizabeth! I will talk with the leader of this department and get back to you if they decide they'd like to offer a pay out, or wait and see. Have a lovely weekend! *Erika Holtman, PHR* HR Manager - West Division erika.holtman@thekey.com (949) 781-5944 TheKey.com [image: TheKey] *I am in the Pacific Time Zone and am sending this email at a time that suits my work schedule; please do not feel obligated to reply outside of your working hours.* On Fri, Aug 16, 2024 at 2:30=E2=80=AFPM Elizabeth Reid w= rote: > Hi Erika, > > > > As a general rule, in any Canadian province any time you have a long, > undocumented relationship with an individual, there is a risk that if the > payor reduces the income/workload available either in part or entirely, t= he > worker will bring some kind of claim for notice or pay in lieu (even if > they appear to be a contractor). The appropriate course of action in thi= s > case depends entirely on your risk tolerance and whether you want to spen= d > the time/money to quantify the risk now. If the leader in that office ha= s > already announced the change and doesn=E2=80=99t anticipate any issues, y= ou have > the option of just letting the contract peter out and seeing what happens= . > If the leader has not assessed the situation accurately, then you will > likely receive a demand letter from counsel or a notification that either= a > complaint or lawsuit has been commenced and you can deal with it then. > While workers usually have a few years to bring claims, in my experience > you usually hear something within 3 =E2=80=93 6 months at the latest, so = in the > interim you would just have to live with the uncertainty. I can=E2=80= =99t tell > whether a wait and see approach is advisable based on the limited > information provided, but just wanted to flag that as a possibility. > > > > If you=E2=80=99d like to quantify the risk now and take steps to mitigate= it if > possible, then please provide me with the answers to the below questions > and I can ask one of my colleagues in Quebec to advise on the nature and > extent of the possible exposure. I would need to check with my colleague= s > in Quebec because they have an entirely different system of law from the > rest of Canada and so there can be regional nuances. > > > > In order to make sure we=E2=80=99re clear on what=E2=80=99s happening wit= h this > contractor, we would need to know the following: > > > > 1. How long as the contractor been working with TheKey? > 2. Are they incorporated or are they a sole proprietor? > 3. Are they invoicing for hours? On a project basis? Flat monthly or > weekly fee? > 4. How much work have they done for TheKey historically (i.e. hours > per week)? Is the work project based? Or is the person integrated in= to > operations? > 5. When is the wind-down taking place? I=E2=80=