Discussion Forum for Business Law
please write three paragraphs for this Discussion Forum: “Homes that Care” (“Homes”) operated foster homes and group homes for children with behavioural problems. To carry out its services, Homes hired a number of childcare workers including Marie Chen. Prior to starting work with Homes, Chen signed a contract specifying that she was working as an independent contractor. She reported her income from the contract for income tax purposes as income earned as an independent contractor, but she failed to remit last year’s income taxes. Her guaranteed hours of work were 20 hours per week but she could work as many as she wanted and she often worked 50 hours per week, without overtime. The staff turnover rate was very high and the average age was 23. Chen was terminated without cause and with no notice as per her contract. Chen wants to know what she can do. Homes drafted the contract and dictated virtually every aspect of the how the work was performed through policies and procedures issued by the company Manual, based on the requirements of the provincial legislation relating to child and family services. Chen could adjust her pay through accepting or refusing hours of work and schedules, however Homes scheduled the actual hours of work. She was required to have her own cell phone and have access to a computer. She was also expected to use her own motor vehicle to access the sites where her work was performed and to occasionally transport some of the children. Settlement is not going well and Chen calls Canada Revenue Agency (CRA) to report the company. On what basis might Chen report Homes? How would this help Chen? Why did Home’s favour this work arrangement?