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By Jeff Dutton, Dutton Employment Law | 4 Minutes Read June 22, 2018

The non-competition clause – Drafting and cautionary notes

A non-competition clause (or non-compete clause) is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards / employment contract, employment law, enforcing non-compete clause, enforcing non-competition clause, geographic restriction, Human Resources, non-compete clause, non-competition clause

By Drache Aptowitzer LLP | 3 Minutes Read March 15, 2018

Directors' liability for source deductions

An issue came up when a CRA auditor queried CRA rulings. She had a file where she intended to assess the directors of a not-for-profit corporation for its failure to remit trust funds. The directors had retained legal counsel, who was of the view that directors’ liability does not apply to directors of a not-for-profit corporation.

Article by Drache Aptowitzer LLP / Finance and Accounting, Not for Profit, Payroll / director liability insurance policies, directors' liability, due diligence defence, employment law, HR, Human Resources, not-for-profit corporations, Payroll, personal liability for directors and officers, tax remittance

By Occasional Contributors | 2 Minutes Read December 11, 2017

Defamation and reference checks

Reference checks can put former employers in an awkward position. Employers want to tell the truth but may be concerned about the potential legal consequences of providing a bad reference. However, a recent case out of Ontario suggests that employers should not be afraid to tell the truth when asked to provide a reference for a former employee.

Article by Occasional Contributors / Business / defamation, employee relations, employment, employment law, hiring, Human Resources, interviews, Reference checks

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