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Posts Tagged ‘employment contracts’

Misclassification of workers: contractors or consultants?

Thursday, January 5th, 2012

I have often written and spoken about misclassification of workers, specifically that many organizations agree to call workers “contractors” or “consultants” even though they are, in reality, employees. The bottom line is that our courts and government agencies, including the Canada Revenue Agency, will not be swayed by the terms used in a document or the manner in which parties describe their relationship. They will look at the reality of the situation, and…

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Tags: Canada Revenue Agency, consultants, contractor, contractors, employee or self-employed, employment contracts, employment law, employment relationship, independent contractors, Misclassification of workers
Posted in Employee Relations, Employment Standards, Human Resources, Recruiting and Hiring | 2 Comments »

Written agreements in the employment relationship are valuable

Thursday, August 25th, 2011

I have written in this blog and elsewhere, of the value in written employment contracts, written offers of employment, and written employment policies. Much like the break up of a marriage, the parties to the dissolution of the employment relationship often have widely divergent recollections of the understanding of the terms of the relationship when they were entered into. In particular,…

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Tags: constructive dismissal, employment contract, employment contracts, employment law, employment policies, employment relationship, hiring process, negligent misrepresentation, offers of employment, resignation, severance package, written agreements, wrongful dismissal
Posted in Employment Standards, Human Resources, Recruiting and Hiring | Make a Comment »

Top ten employment law myths and mistakes in employment contracts

Thursday, November 4th, 2010

I recently attended the Law Society’s annual Employment Law Summit, which is always filled with top-notch employment lawyers providing valuable insight and practical advice on issues relating to employment law and human resources. Many of the discussions touched upon issues relating to the use of employment agreements, including termination clauses. The comments caused me to consider my own experiences in dealing with…

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Tags: canadian employment law, Dismissal, employment agreements, employment contracts, employment law, employment lawyers, just cause, Limiting the definition of just cause for dismissal, statutory notice, Termination clause, Termination provisions
Posted in Employment Standards, Human Resources | Make a Comment »

Employee exodus: has Moses led your employees to the promised land?

Tuesday, May 18th, 2010

You arrive at the office Monday morning to discover that your Senior Vice-President of Marketing and three of your sales people have resigned and accepted jobs with your competitor. You quickly realize that this has the potential of seriously harming, if not destroying, the company’s business. Do you have any recourse against the departing employees or the company to which they have moved?

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Tags: employee retention, employment contracts, employment policies, non compete, non-competition, non-solicitation, policy, policy manual, restrictive covenant, termination, turnover, workplace policies
Posted in Employment Standards, Human Resources | 1 Comment »

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