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Agreement to sign an agreement

The issue of whether termination clauses contained within employment agreements will be enforceable is one that routinely arises. As I have discussed on many occasions, many employers weaken their legal position by entering into a verbal agreement, or presenting an “offer letter”, and then subsequently asking their new employee to sign a far more detailed employment agreement that is designed solely for the benefit of the employer.

 

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Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

 

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Another reason why an employment contract should contain a termination clause

Just like pre-nuptial agreements, employers should contemplate termination when their employment contracts are drafted. A recent case illustrates why it is important to include a legally enforceable termination clause in an employment contract for all employees.

 

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Deferred compensation: You can take it with you (sometimes)

Deferred compensation in the form of future bonuses, retention payments, and stock options has become a standard element of executive compensation. While there are countless variations of such plans, they are all designed to incent employees to remain with their employer, and to perform to the employee’s highest capability while he is there. In order to meet these goals, such plans will often include a deferral of the benefit once it is earned, in order to create an incentive to remain with the employer.

 

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Is there any value in a Master of Business Administration degree?

There has been some discussion around the web lately as to what the real value of a Master of Business Administration is: one Wall Street Journal author told the story of a 36-year-old University of Louisville MBA grad Steve Vonderweidt who is still working as an administrator at a social services agency, almost a year after graduating. With over $75,000 in student-loan debt and facing stiff competition from the highest number of fellow grads ever, Vonderweidt questioned whether the Master’s program was really worth it.

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with proposed amendments to the Canada Labour Code, a vacation deprivation study, and a termination case based on the language of an employment contract..

 

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Providing tax-free shares to forgo employment rights

tax-free-shares-uk

Interesting employment law developments are happening in the UK. Beginning in April 2013, British employees will be offered a new option in employment contracts, where they may own shares in the company they work for and in exchange, will forgo certain workers’ rights.

 

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Summertime, when everybody wants vacation

Under the provisions of the Ontario Employment Standards Act, every employee is entitled to a minimum of two weeks vacation after twelve consecutive months of employment. Of course, this is subject to…

 

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Women’s expectations in the workplace may play critical role in how they are treated at work

Canadian women starting their careers still expect to earn considerably less than men, wait longer then men for promotions, and have lower salaries after five years of working, according to a soon-to-be-released study. This despite the fact that some believe we are reaching the point of equality in the workplace. Why is this happening? Why do women still have these expectations?

 

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Conflicting views on engagement?

There are a lot of factors to employee engagement. Some employees need recognition, in the form of pay, benefits, seniority or favour. Others need to feel that they are part of the company and have a stake in its success. Still others need to feel a connection to their work; it must be creative and challenging. Most workers probably need some balance of all these factors. I know I wouldn’t last long in a dull and repetitive environment. But I also would feel unappreciated if I weren’t remunerated appropriately.

 

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Women in the workplace Part II: why is Canada lagging in wage gap ranking?

I have been reading some interesting articles recently regarding women in the workplace. A recent report put Canada at number 20 in a global measure of equality between men and women. Canada was actually rated number 33 in the world concerning earned income gaps. Why is this still happening?

 

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