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Conflict of interests

By Earl Altman | 5 Minutes Read February 26, 2013

Unexpected impact of share buyout of senior management

When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / asset purchase, buyers and sellers, capital and ideas, commercial transaction, common law, Conflict of interests, contract of employment, contractual obligations, covenants in restraint of trade, employers of the purchasing and selling companies, employment agreement, employment law, Employment Standard Act, free and open-market for labour, nature of the business, non-competition and solicitation covenants, ontario, other transaction, payment of up to one week per year of service, prevent the former employee from competing, public policy, refrain from competing with their former employer or soliciting the former co-workers to leave the purchased business, restrictive covenants, senior executives who are also shareholders in the company being purchased, share purchase, termination with cause, terminations, When one corporation “buys out” another

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