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I'm in Ontario Canada, and I manager a retail business. We provide repair services to the products we sell and I employ a full-time technician to perform these repairs. Am I able to contract out work to this same employee for after hours repairs under that employee's business name?
Thanks for your question. In general, if the person is working as an employee, any other related work that he or she would be performing, including "after-hours" work, would be classified as work being completed by an employee, unless there are exceptional circumstances. It is difficult to determine the exact circumstances of the company's work relationship with the technician with the information provided. I suggest that you give us a call at the number below in order to discuss the situation in further detail with a lawyer and receive comprehensive legal advice. We would be pleased to assist you.