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TheMaze

Star Member
Nov 2, 2015
131
4
I have worked for the same company for the past approximately 5 years. For the first two years, I was a full-time employee of the company. Ultimately, due to being out of state, I was then moved to being a contractor and stood up my own C-corp for accounting reasons (I was the only employee in this state and it was easier for the employer this way). So essentially, I stood up a corporation which was paid by my former employer, and the new corporation (which I owned and was the only employee of) paid me. I (personally) did not receive a 1099 from the former employer. For most of this time (the entire time I was a full-time employee, and most of the time as a contractor) I was full-time and paid for 40-hour weeks.

I'm working on gathering information for my OINP Nominee Application, and wondering how to handle this. I see a few ways I can handle this:
1. Simply state I was an employee of the original company the entire time. I feel like this makes the paperwork much easier, though is stretching the truth a bit.
2. Have the original company write me a letter stating that I was an employee originally, then moved to a contractor, with no letter from the company I owned
3. Have the original company write me a letter stating that I was an employee originally, then moved to a contractor, then have the company I owned and was the only employee of write a second letter

To further complicate things, more recently (last few months) due to financial issues at the parent company, I was dropped to part time (20 hours/week) and more recently, an as-needed financial basis

The original company is very small and the owner has indicate a willingness to write whatever letter I want (in fact, they basically told me the write the letter and they will put it on the letterhead/sign in). I'm also a bit concerned that (2) and (3) may invoke the self-employment requirements - will they, as it actually was another corporation I owned, and not a 1099 to me personally. Both the main company and my company (and me) are US-based, if it matters.

Thoughts?
 
I think #1 is the simplest for both you and the OINP/CIC. As long as your company confirms your current status in case they call your company for verification.

You were only in that situation for accounting, but the fact is, you performed all those tasks for the company and they paid you, you can write as your company, "we have known TheMaze in a professional capacity for XXXX years, and during these years TheMaze has performed the following tasks for us...."

You can do #3 if you have the receipts of original company paying the contracting company and declare as self-employed.

But I think you should truthfully state the dates you were full-time, vs the dates you were part-time and now essentially on a per-needed consultancy basis. Again, as long as your company is willing to corroborate this.