--000000000000157792061d9b0338 Content-Type: multipart/alternative; boundary="000000000000157790061d9b0337" --000000000000157790061d9b0337 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Hi Elizabeth, Marking this email urgent. Thanks! *Alina Evans, SHRM-SCP* Director, HR Business Partner (East) | *TheKey* Mobile: 806.451.3798 [image: TheKey] I'm sending this email during my designated work hours; please don't feel obligated to respond outside of your own. Please allow 24 hours for a response. On Fri, Jul 19, 2024 at 10:00=E2=80=AFAM Christa Carter-Mark wrote: > Hi Elizabeth, > > Just wanted to clarify whether it is necessary to pay a lump sum to the > contract bookkeeping employee upon termination. It appears that there is = no > contract on file for this employee with TheKey or the prior organization. > > Given this information, we want to ensure that we are in good legal > standing if we proceed with the termination, either with or without > payment. Could you kindly provide your guidance and thoughts on this matt= er? > > Thank you for your assistance. > > > *Christa Carter-Mark, SPHR, PMP* > *Sr. Human Resources Manager - East/Canada* > *christa.cartermark@thekey.com > * > TheKey.com > [image: TheKey] > *I'm sending this email during my designated work hours; please don't fee= l > obligated to respond outside of your own. Please allow 24-48 hours for a > response, excluding weekends.* > > > On Fri, Jun 28, 2024 at 9:00=E2=80=AFAM Elizabeth Reid = wrote: > >> Hi Christa, >> >> >> >> Thank you for this information. A few points/questions: >> >> >> >> 1. The governing law will be in Alberta, so I will bring in one of my >> colleagues in that province to confirm my advice below (although I do= n=E2=80=99t >> believe the law in BC and Alberta differs markedly with respect to >> contractors). >> >> >> >> 2. I would not recommend terminating this contract on July 1 as that >> is a statutory holiday here and a court would find it insensitive. = At the >> very earliest, you could terminate the contact on July 2, but I think= we >> will need a bit more time than that to prepare. >> >> >> >> 3. As a general rule, in the absence of any explicit contractual >> obligation, a contractor can be terminated at any time without notice= or >> pay in lieu. *However*, if this contractor has been with the >> previous organization since 2017, there is a risk that she is either = (a) >> not a contractor at all but an employee or (b) a dependent contractor= , >> which is an intermediate category between an employee and an independ= ent >> contractor. People who fall within the dependent contractor category= are >> still entitled to notice or pay in lieu of notice (although only at c= ommon >> law =E2=80=93 they do not get statutory notice). Some courts use the= same ranges >> for dependent contractors as they would for employees, while others a= ward >> slightly less because of their slightly different status. In a worst= case >>