As I normally advise my dentist clients (who are usually — if not always — employers), their staff have to co-operate in the accommodation they request. It is not a “one-way street” – its a process where the two parties work together to find the best solution. Read more
Here’s a testimonial from a dentist who sold their practice through DMC LLP and www.DentalPlace.ca:
“Dear Michael, David and Staff,
I had the pleasure of first meeting you at a dinner lecture after responding to a flyer I received at my office. As an added bonus, I got to meet some members of your families. In any business negotiation the most important aspect for me is the professionalism and sincerity that one engages in. You conducted yourself in a manner that far exceeded my expectations. You were there for me every step of the way, explained every necessary legal detail. Due to my illness I forced you to conduct an extremely fast sale of my dental office. You came through and I am most grateful.
I had attended numerous lectures on office sales by other entities. The first thing I noticed is the high percentage of the sale they take (usually 8-10%). The next thing they tell you is they will find you a lawyer to conclude the sale, and of course an appraiser to evaluate your office. This adds further expense and time. Some brokers will rebate you the cost of the appraisal if they represent you.
To my fellow dentists, if you are interested in selling your practice DMC is the way to go. If you have staffing problems, they have the legal expertise. If you wish to buy an office or have other dental issues they have the right answers.
Keep in touch.”
Dr. B., DDS
As an employment lawyer here at DMC LLP, I keep my eyes on the cases that come out of Ontario’s Superior Court, especially the employment law cases. There was a case that recently came out about an independent contractor and I wanted to highlight it here on the DMC LLP blog.
Details of the Case
In Fisher v Hirtz, 2016 ONSC 4768 (CanLII), <http://canlii.ca/t/gsnx2>, the Plaintiff was a painter and general labourer without a written contract with the Employer. She was paid either $35 or $25 per hour for each type of work. She submitted invoices to the employer for the hours that she worked. The Employer paid her without making any source deductions (no income tax, EI, or CPP deducted). The Employer did not give any employee benefits. The Plaintiff paid for her own taxes, insurance, and pension fees. She even filed her own taxes as an independent contractor and obtained independent WSIB coverage for the jobs she took.
The Employer assigned the Plaintiff her work, and the Employer occasionally provided tools to the Plaintiff. However, the Plaintiff set her own hours and schedule, and was free to work elsewhere while working for the Employer (even though the Plaintiff wrongly thought she could only work for the Employer and no one else).
There was an incident about 16 months after the Plaintiff started working for the Employer, and her employment was terminated. Then, she sued the Employer saying she was not an independent contractor but actually an employee and deserved reasonable notice of termination.
After hearing both sides of the argument, the Judge in this case decided that the worker was in fact was an independent contractor. These were the important facts for the Judge:
The Judge ultimately dismissed the Plaintiff’s wrongful dismissal claim and the Employer did not pay any termination pay to the worker.
This is yet another case where a Judge had to decide whether the worker is an independent contractor or not. This can be avoided if there clear contracts between the worker and the Employer (something we do all the time here at DMC LLP). In those contracts, we clarify exactly what duties are expected to be performed, that there is no level of work guaranteed to the independent contractor, and other key areas.
Get in touch with us if you currently have independent contractors at your practice (Hygienists or Associates) who are not on written contracts and we can review how best to protect your business.
At the ODA last month, most of the volunteers participating in our 2016 Jamaica Dental Outreach Program got together at our DMC LLP after-party and took this pic:
Front Row (left to right): June Jennings (RDH), Nina Nguyen (RDH), Dr. Millie Calko (Toronto), Dr. Christina Bodea (Elmvale).
Middle Row (left to right): Jonathan Borrelli (dental lawyer), Dr. Joseph Fava (Toronto), and Stefan Atalick (spouse of Dr. Christina Bodea)
Back Row (left to right): Elaine Hanson, Dr. Jackie Geroche (Mississauga), Michael Carabash (dental lawyer), Steven Kukulka (spouse of Dr. Mary Berkmortel), and Dr. Mary Berkmortel (Timmins)
Missing in action: Paris Carabash (Michael’s wife, who is taking the picture), the Henry Schein Team (Marc Zdrojewski, Anthony Archer and Jason Brown), Dr. Irish Malapitan (Kitchener), Melissa Brunette (RDH – Ottawa) and her mom, and Jazz Chohan (RDH – Toronto), who works with Dr. Millie Calko.
This team very excited about heading to Jamaica to do good work and have fun. We are heading down September 3-12, 2016 and I’m sure we’ll come back with lots of stories about our adventures.
Next step: start gathering and shipping supplies down! And for that, we need to thank Henry Schein, Patterson and K-Dental for their generous donations.
Who knew golfing could be so much fun? Just ask anyone in our group – namely, Tom “Mauricio” Pizio (K-Dental), Martin Houser (Harris Sheaffer LLP) and Dr. Samantha Amaro (White Willow Family and Cosmetic Dentistry). We ate, drank, joked around, took some great pics, etc. And I’m going to go out on a limb here and say… we also played our best golf to date! And it was all for a very good cause: altogether, about 150 golfers and sponsors (including DMC LLP, Henry Schein and K-Dental) raised close to $25k for Holland Bloorview! Here are some pics from this wonderful event. For those who came, I’m sure they’ll say it was a very well organized event with great silent auction prizes, gifts for the winning team AND the most honest, and we couldn’t (that’s right: “could not have”) had better weather. It was supposed to rain (per the weather man, earlier in the week), but it turned out to be the best weather possible for a long day of golfing. Thanks God!
Here are some pics:
David Mayzel is your legal risk manager. He is a trained courtroom lawyer and has spent many years resolving disputes both in and out of court. He knows how to prepare documents and execute transactions in a way that avoids or mitigates legal risks. He can be reached at 416.528.5280. or firstname.lastname@example.org.
Michael Carabash is your business law adviser. He is an entrepreneur at heart who helps you see the big legal picture. He drafts clear and effective agreements that protect your rights while promoting your interests. He can be reached at 647.680.9530. or email@example.com.
Ljubica Durlovska is your transition lawyer. She helps you with staff and associates, maintaining your corporation, and other business matters. She can be reached at 416.443.9280. or firstname.lastname@example.org.
David, Michael, and Ljubica are a truly dynamic team. Their diverse knowledge, skills, and experiences will help you get the best deal possible while promoting your interests and protecting your rights. You can read dentist testimonials here.