Guidance Needed on Contract Bookkeeping Employee Termination

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 matter?

Thank you for your assistance.


*Christa Carter-Mark, SPHR, PMP*
*Sr. Human Resources Manager - East/Canada*
*christa.cartermark@thekey.com
<https://brand.thekey.com/esg/mitch.belitz@thekey.com>*
TheKey.com <https://www.thekey.com/>
[image: TheKey] <https://homecareassistance.com/>
*I'm sending this email during my designated work hours; please don't feel
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 AM Elizabeth Reid <ereid@fasken.com> 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 don’t
>    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 independent
>    contractor.  People who fall within the dependent contractor category are
>    still entitled to notice or pay in lieu of notice (although only at common
>    law – they do not get statutory notice).  Some courts use the same ranges
>    for dependent contractors as they would for employees, while others award
>    slightly less because of their slightly different status.  In a worst case
>    scenario, if she were an employee or a dependent contractor, she could be
>    entitled to as much as 6 – 7 months’ notice (subject to mitigation).
>
>
>
>    4. While not strictly required if she is a contractor, it would be
>    best practice to have a chat with her advising of the termination of her
>    services with a letter confirming the end of the contract and the effective
>    date of the termination.
>
>
>
>    5. To assess whether Ms. Wood is a contractor, employee, or dependent
>    contractor, we would need to know the following:
>
>
>
>    1. How many hours per week does she work for you?
>    2. What control does TheKey have over her?  Consider the following:
>
>
> i.      Does she set her own hours?
>
>
> ii.      Does she get paid vacation?
>
>
> iii.      Does she have to work from a particular location?
>
>                                                                        iv.
> Is anyone directing her work on a daily basis?
>
>
> v.      Does she have the right to come and go as she pleases?
>
>                                                                        vi.
> Does she supply her own equipment (e.g. computer, paper, internet
> connection, software, etc.)
>
>    3. How dependent is she on TheKey for work?  Her LinkedIn profile
>    suggests she has several companies that she works for, but that may or may
>    not be accurate.  The more other clients she has and the less dependent she
>    is on TheKey, the less likely she is to be an employee or dependent
>    contractor.
>    4. How is she paid?  Hourly? Salary?  Does she invoice you?  How much
>    does she get paid?
>    5. How integrated into the organization is she?  E.g. does she have
>    TheKey business cards?  A company email address and outlook profile?  Get
>    invited to holiday parties?  Work onsite with your employees?
>
>
>
> These things will help us assess your level of risk and a recommended
> package.
>
>
>
> Kind regards,
>
>
>
> Elizabeth
>
>
>
> *Elizabeth* *Reid** (She/Her)
> Partner
>
> *T*  +1 604 631 4999  | *ereid@fasken.com <ereid@fasken.com>*
>
> *Fasken Martineau DuMoulin LLP*
>
>
>
> *From:* Christa Carter-Mark <christa.cartermark@thekey.com>
> *Sent:* Thursday, June 27, 2024 9:12 AM
> *To:* Steve Koyanagi <skoyanagi@thekey.com>
> *Cc:* Elizabeth Reid <ereid@fasken.com>; Alina Evans <
> alina.evans@thekey.com>
> *Subject:* [EXT] Re: Canadian Termination
>
>
>
> *{CAUTION: This email originated from outside of Fasken. Exercise care
> before clicking links or opening attachments.}*
>
> Hi,
>
>
>
> I will reach out to the team to inquire if they have any local contract on
> file for this employee.
>
>
>
> Thank you,
>
>
>
> On Thu, Jun 27, 2024 at 11:59 AM Steve Koyanagi <skoyanagi@thekey.com>
> wrote:
>
> Christa,
>
>
> Can you circulate any contract or related documents the local team has for
> Elizabeth Wood to this group?
>
>
>
> On Thu, Jun 27, 2024 at 8:32 AM Christa Carter-Mark <
> christa.cartermark@thekey.com> wrote:
>
> Good morning Elizabeth,
>
> Just reaching out for guidance on a termination we are planning to execute
> in Alberta, Canada.
>
>
>
> The employee in question is a contractor named Elizabeth Wood, who has
> been working with us as a bookkeeper since 2017. We have decided to
> eliminate her position as our corporate team can now handle her task.
>
>
>
> Given her status as a contractor and her tenure with the organization,
> could you please advise on the next legal steps we need to take?
> Specifically, we need to know what documents we need to provide her and any
> legal considerations we should be aware of.
>
>
>
> ·         *What is Elizabeth Wood's position? She is a bookkeeper. *
>
> ·         *How long has she been with the organization? Since 2017*
>
> ·         *What is the effective date of termination? Brian would know.*
>
> ·         *What is the reason for termination? We no longer need her
> services as the corporate team can complete her tasks.*
>
> ·         *Are there any other relevant details that would apply? She is
> a contractor. *
>
> ·         *Which Province did Elizabeth work and live in?  Alberta*
>
>
>
> Thank you in advance for your assistance in this matter.
>
>
>
>
>
>
>
> Christa Carter-Mark
>
> ---------- Forwarded message ---------
> From: *Christa Carter-Mark* <christa.cartermark@thekey.com>
> Date: Thu, Jun 27, 2024 at 11:24 AM
> Subject: Re: Canadian Termination
> To: <brian.fialko@thekey.com>
> Cc: Chuck Terlesky <cterlesky@thekey.com>, Alina Evans <
> alina.evans@thekey.com>
>
>
>
> Good day,
>
>
>
> Just wanted to update you regarding Elizabeth's termination. We will need
> to consult with our legal advisor in Canada regarding next steps. We will
> need to gather all documents related to termination, severance pay, and any
> other relevant information. Before proceeding with any termination for full
> time employees or contractors, we require clarification and confirmation
> from the legal department.
>
>
>
> As a result, we may be able to move forward with the termination process
> as of July 1st until we receive the necessary guidance from the legal team
> in Canada. If anything changes and we receive notification by tomorrow we
> will let you know.
>
>
>
> Thank you for your understanding and cooperation.
>
>
>
>
>
>
>
> On Thu, Jun 27, 2024 at 11:14 AM <brian.fialko@thekey.com> wrote:
>
> Thank you, Chuck.  Christa, effective date of termination would be Monday,
> 7.1 if you’re comfortable with us moving forward ( I will set up a meeting-
> would you like to be on the call?).
>
>
>
>
>
>
>
> *From:* Chuck Terlesky <cterlesky@thekey.com>
> *Sent:* Thursday, June 27, 2024 10:47 AM
> *To:* Christa Carter-Mark <christa.cartermark@thekey.com>
> *Cc:* Brian Fialko <brian.fialko@thekey.com>
> *Subject:* Re: Canadian Termination
>
>
>
> Hi All,
>
>
>
> · What is Elizabeth's position? She is a bookkeeper.
>
> · How long has she been with the organization? Since 2017
>
> · What is the effective date of termination? Brian would know.
>
> · What is the reason for termination? We no longer need her services as
> the corporate team can complete her tasks.
>
> · Are there any other relevant details that would apply? She is a
> contractor.
>
> · Which Province did Elizabeth work and live in?  Alberta
>
> Her email is: elizabethwood@shaw.ca her phone number is 403-620-5250.
>
>
>
> Let me know if you have any other questions.
>
>
>
> Regards,
>
> Chuck
>
>
>
> On Thu, Jun 27, 2024 at 8:42 AM Christa Carter-Mark <
> christa.cartermark@thekey.com> wrote:
>
> Good morning Brian and Chuck,
>
>
>
> I'll be happy to assist with the termination process for Elizabeth Wood.
> Could you please provide a bit more detailed information?
>
>    - What is Elizabeth's position?
>    - How long has she been with the organization?
>    - What is the effective date of termination?
>    - What is the reason for termination?
>    - Are there any other relevant details that would apply?
>    - Which Province did Elizabeth work and live in?
>
> Once I receive this information we can start the process.
>
>
>
> Thank you,
>
>
>
> On Wed, Jun 26, 2024 at 3:31 PM Erika Holtman <erika.holtman@thekey.com>
> wrote:
>
> Hi Brian,
>
>
>
> As we discussed, I am connecting you with Christa Carter-Mark to work with
> on Canadian Terminations. She is the HRM for the north east and Canada. She
> will need the employees name, where they reside, their length of
> employment, average number of hours, and rate of pay. She will work with
> you to determine what notice period is required, and the amount of
> severance pay if applicable.
>
>
> *Erika Holtman, PHR*
>
> HR Manager - West Division
>
> erika.holtman@thekey.com
>
> (949) 781-5944
>
>
>
> *TheKey.com <https://www.thekey.com/>*
>
> <https://homecareassistance.com/>
>
> *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.*
>
>
>
>
> --
>
> *Christa Carter-Mark*
>
> *Sr. Human Resources Manager - East*
>
> *christa.cartermark@thekey.com
> <https://brand.thekey.com/esg/mitch.belitz@thekey.com>*
>
> *TheKey.com <https://www.thekey.com/>*
>
> <https://homecareassistance.com/>
> *I'm sending this email during my designated work hours; please don't feel
> obligated to respond outside of your own. Please allow 24-48 hours for a
> response, excluding weekends.*
>
>
>
>
> --
>
> *Chuck Terlesky B.A., CCPE*
>
>
>
>
>
> *General Manager Winnipeg and Calgary Calgary: 403-301-3777 Winnipeg:
> 204-489-6000*
>
> *TheKey.ca*   <https://thekey.ca/>
>
>
>
> [image: TheKey]
>
>
>
>
>
>
> --
>
> *Christa Carter-Mark*
>
> *Sr. Human Resources Manager - East*
>
> *christa.cartermark@thekey.com
> <https://brand.thekey.com/esg/mitch.belitz@thekey.com>*
>
> *TheKey.com <https://www.thekey.com/>*
>
> <https://homecareassistance.com/>
> *I'm sending this email during my designated work hours; please don't feel
> obligated to respond outside of your own. Please allow 24-48 hours for a
> response, excluding weekends.*
>
>
>
>
> --
>
> *Christa Carter-Mark*
>
> *Sr. Human Resources Manager - East*
>
> *christa.cartermark@thekey.com
> <https://brand.thekey.com/esg/mitch.belitz@thekey.com>*
>
> *TheKey.com <https://www.thekey.com/>*
>
> <https://homecareassistance.com/>
> *I'm sending this email during my designated work hours; please don't feel
> obligated to respond outside of your own. Please allow 24-48 hours for a
> response, excluding weekends.*
>
>
>
>
> --
>
> *Christa Carter-Mark*
>
> *Sr. Human Resources Manager - East*
>
> *christa.cartermark@thekey.com
> <https://brand.thekey.com/esg/mitch.belitz@thekey.com>*
>
> *TheKey.com <https://www.thekey.com/>*
>
> <https://homecareassistance.com/>
> *I'm sending this email during my designated work hours; please don't feel
> obligated to respond outside of your own. Please allow 24-48 hours for a
> response, excluding weekends.*
>
>
>
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