List Of The Names Of Car Insurance In Toronto

How do I prove I am an employee in this situation?

Question: A Florist Wholesaler located outside of TorontoOntario Canada agreed to supply trays of young plants to the Zellers Stores in Toronto for the month of May and June 2008 when the season for gardening was started. They placed an ad in the local paper for "temporary,seasonal, part-time help working in garden centers ' throughout Ontario. I anwered the ad. The Florist gave me a list of stores to go to,faxed a time sheet to me, and told me the rate for car mileage. I started the work of watering the plants in different locations. On May 28, 2008, at one location I watered the plants and wter dripped onto the floor in the middle of the mall where the Zellers store had located the rack of plants and after having just wiped the floor a lady and her husband came along to go into the Zellers store when she slipped and fell infront of me and the store manager. She went to a PERSONAL INJURY LAWYER and the lawyer is suing the mall owner, the Zellers store, the Florist Wholesaler and myself for $500,000 for a broken rib. Both the woman and her companion who are Seniors and living together are named as the Plantiffs and all 4 of us are named as independent defendants. The Florist is countersuing me as a "Subcontractor' having caused the accident and therefore liable for negligence causing bodily harm and removing themselves from all responsiblity. The Zellers store is suing the Florist for hiring an incompetent employee and the Mall is not doing anything as they have Premise Liability for accidents. The Florist claims I am a SUBCONTRACTOR AND THEY PAID ME AS A VENDOR . The Personal Injury lawyer says I am an employee and that the Florist hired me as such and I come under the employee liability insurance of the Florist/Wholesaler. The dispute goes to a jury in the year 2010 as everyone is fighting over the accident claim and stating 'NOT US WE DID NOT DO ANYTHING WRONG' BLAME THE GIRL WHO WATER THE PLANTS ...SHE CAUSED THE ACCIDENT GO AFTER HER FOR THE $500,000. All companies have lawyers representing themselves but me who cannot afford a lawyer and must represent herself in this matter. I answered an ad for a few weeks of part-time work and sudden became a Subcontractor and have a very large legal lawsuit over my head. How can I be an employee and have the coverage I need and how can I not accept this lawsuit. The lady was wearing plastic clogs when she fell and she did not ask for an ambulance and she has gone to a very impressive personal injury lawyer to get a very large sum of money for herself and her companion.

Answer: Well, you start, with a copy of the ad. Then, you go to your paystubs, and how you were paid. Even if they paid you and gave you 1099 forms, that doesn't mean you're not an employee. You need to take the IRS quiz on "employee vs. subcontractor". Basically, if it has to be YOU that does the work, and not someone else that you hire/pay, then you are an employee. But for COURT, that IRS quiz is pretty much going to nail you down as an employee. The IRS has developed a list of factors it uses to test employee or subcontractor status. The Department of Labor and state boards will normally follow these as well. Here are the factors you should be aware of before deciding to call an employee an independent contractor. The following list of sample questions can assist in the determination of an employer‑employee relationship. This list of questions is not exclusive. In addition, no one question is determinative. A. “RIGHT TO CONTROL” TEST 1. Who controls the means and methods of the work performance? 2. Does the worker hold his services out to the general public? 3. Does the worker perform the task without supervision? 4. Does the worker possess the required permits, licenses and certificates? 5. Is the worker doing business as a corporation or under an assumed business name? 6. Does the work require extensive skill, education or experience? 7. Who establishes the routine or schedule? 8. What is the duration of the relationship? 9. What is the method of payment, whether by time or by job? 10. Are taxes deducted or withheld from the workers' check? 11. Who determines the hours of work? 12. Does the worker receive fringe benefits or bonuses? 13. Who provides the equipment necessary for completion of the work task? If the totality of responses to these questions leads to the conclusion that an employer “controls” its worker, then the analysis concludes and the employer must be insured for workers' compensation purposes. On the other hand, if the cumulative results reveal that a worker should not be classified as an employee under the “right to control” test, then the next list of questions must be asked. B. “NATURE OF THE BUSINESS” TEST: 1. Is the work being performed of the type that normally could be carried out by an employee in the usual course of business? 2. Are the activities being performed by the workers an integral part of the employer's regular business? If the response to these questions is in the affirmative, then a statutory employee-employer relationship exists, and the employer must provide workers' compensation coverage for that worker.