Perley-Robertson, Hill & McDougall LLP\/s.r.l. has a long history of providing employment law advice to its diverse clientele. With our employer clients, we always recommend the preparation and implementation of written agreements for all of their team members whether they are employees, independent contractors, associates, or partners. Let us explain why.<\/p>\n
Certainty<\/strong> Minimize Liability<\/strong> However, it is possible to craft an agreement that satisfies an employer\u2019s obligations under the Employment Standards Act, but avoids the common law obligation to provide \u201creasonable notice\u201d a concept that by its very nature is vague and uncertain. This is because what notice will be reasonable depends on the individual circumstances of the employment relationship, including, Careful Drafting is Essential<\/strong> As a result, we encourage you to obtain professional assistance in preparing these agreements, and if you already have agreements in place, we recommend that you have them reviewed\/updated by legal counsel to ensure they meet the higher standards that have recently been set by the Courts.<\/p>\n Our Dental Law Team is committed to working with you to review or prepare these agreements for your new or existing employees, independent contractors, associates or partners. Please contact one of our dedicated team members to get started.<\/p>\n Chris Morris, Partner \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Karin Pag\u00e9, Lawyer\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Megan Wallace, Lawyer Perley-Robertson, Hill & McDougall LLP\/s.r.l. has a long history of providing employment law advice to its diverse clientele. With our employer clients, we always recommend the preparation and implementation of written agreements for all of their team members whether they are employees, independent contractors, associates, or partners. Let us explain why. Certainty The most important […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"wds_primary_category":0,"wds_primary_expertise_area":0,"footnotes":""},"categories":[82],"tags":[],"class_list":["post-1866","post","type-post","status-publish","format-standard","hentry","category-publication","expertise_area-business-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1866","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/comments?post=1866"}],"version-history":[{"count":3,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1866\/revisions"}],"predecessor-version":[{"id":2535,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1866\/revisions\/2535"}],"wp:attachment":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/media?parent=1866"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/categories?post=1866"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/tags?post=1866"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nThe most important reason to have written agreements in place is to provide certainty regarding your expectations and to govern how you will interact during the relationship, but they are also critical to establishing your respective obligations on termination of the relationship. This certainty alone can provide considerable peace of mind and cost savings by avoiding disputes and unnecessary litigation.<\/p>\n
\nBesides certainty, a written employment agreement can serve to minimize an employer\u2019s obligations upon termination. Many employers are surprised to learn that without a written agreement to the contrary, an employee is entitled to \u201creasonable notice\u201d on termination, and that such notice can be up to 24 months or more of the employee\u2019s gross salary and benefits \u2013 an amount that far exceeds the notice required by Ontario\u2019s Employment Standards Act.<\/p>\n
\n\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Character of the employment;
\n\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Length of service by the employee;
\n\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Age of the employee; and
\n\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Availability of alternative employment given the employee\u2019s training, qualifications and training.<\/p>\n
\nThe Courts regard written employment agreements very critically. That is, before an employment agreement will be considered valid and enforceable, rebutting the presumption of reasonable notice, it must be clear and unambiguous, and must not violate any provision of the Employment Standards Act, or it will be considered null and void exposing the employer to considerable liability.<\/p>\n
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\nTel: 613.566.2802 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Tel: 613.566.2860 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Tel: 613.566.2857
\nEmail: cmorris@perlaw.ca<\/a>\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Email: kpage@perlaw.ca<\/a>\u00a0 \u00a0 \u00a0 \u00a0\u00a0Email: mwallace@perlaw.ca<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"