LAW 529 Lecture Notes - Lecture 2: Canadian Imperial Bank Of Commerce, Non-Compete Clause, Covance
15 Oct 2018
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Chapter 2 (continuation: three regimes, common law today (cid:449)e"(cid:396)e (cid:272)o(cid:374)(cid:272)e(cid:374)t(cid:396)ati(cid:374)g o(cid:374) that, regulatory, collective bargaining. If you"(cid:396)e a(cid:374) e(cid:373)ployee, all of this (cid:449)ould apply. If you a(cid:396)e a(cid:374) i(cid:374)depe(cid:374)de(cid:374)t (cid:272)o(cid:374)t(cid:396)a(cid:272)to(cid:396), a lot of the benefits would not apply to you. Fact scenario #1 (page 27: legal test for employee and independent contractors, control: she is not controlled. Has lots of control, and she can decide when to come or leave, and find someone else to cover shift. According to this test, she is an independent contractor: ownership of tools: when she works for them, they provide her with the tools. Based on this test, she is an employee: chance of profit: he does(cid:374)"t ea(cid:396)(cid:374) a wage, if she works more she gets more. She has a significant chance of profit, as she works more. This shows that she is an independent contractor: risk of loss: if she (cid:272)a(cid:374)(cid:272)els he(cid:396) shift, a(cid:374)d if she does(cid:374)"t get (cid:272)lie(cid:374)ts she gets nothing.
