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Serious insight for serious situations.

Serious insight for serious situations.

Home renos and employment agreements: How employers can avoid the money pit

I have spent many lazy Saturday mornings watching home renovation shows on TV.  I envy the vision and drive of those who undertake these projects and marvel at the final reveal. Through the magic of television, these renovations are always successful (but for the one hilarious yet rectifiable snafu that creates conflict halfway through the

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#3 Contracts and employment agreements

I already discussed the importance of employment contracts/employment agreements (those expressions are used interchangeably) in this series. I would refer you specifically to the posting entitled #1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 2). In that posting, I briefly discussed some of the advantages of

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Revisiting unilateral amendments to employment contracts and policies

In the modern business world, employers are required to stay current and adapt to ever-changing legal and economic demands.  As part of the survival process, employers are often tasked with updating work-related documents.  However, there are legal repercussions associated with unilateral amendments to pre-existing employment contracts and policies which employers must be cognizant of. The

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Top 5 considerations when negotiating a new employment contract

As part of my practice, I am called upon by employee clients to provide advice regarding the negotiation of new employment contracts. Typically, by the time that I get involved, the employee has negotiated the terms of employment verbally with the potential employer, and has received a written employment agreement from the employer, that purports

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Limiting termination entitlements in employment contracts: What is enforceable and what is not?

Before an employment relationship commences, perhaps the last thing that either workplace party wants to talk about is how it will end. That said, it is usually beneficial for employers to ensure that the offer letter (or employment contract) outlines all terms of employment, including the employee’s entitlements upon termination. There is employment standards legislation

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The unintended consequence of an enforceable non-competition agreement … A Longer reasonable notice period

Employers often wish to restrict the competitive activities of an employee who is no longer in their service. However, the Ontario Superior Court case of Dimmer v. MMV Financial Inc. (2012 ONSC 7257) informs employers that where they seek to restrict an employee from engaging in competitive activity post-termination, the reasonable notice period awarded may be

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On seeing an employment lawyer for the first time: Thoughts from two Toronto employment lawyers

We recently sat down to discuss what employee clients can do both before and during their first meeting with us to contribute to the exchange being successful. These are the clients who seek our advice in terms of a possible wrongful dismissal, a sexual harassment complaint, helping them respond to an offer of employment, or

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Calling all independent contractors!

Over the last couple of months, we have seen our employer clients engage an increasing number of “independent contractors”. This can be an effective way of getting overflow work done without adding to the headcount, and adding fresh blood to an organization. Here are a few things to look for when structuring these arrangements: 1.

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