Workplace Law’s biggest misconceptions

Posted in: Employment Contracts, Human Rights and Discrimination, Non-Competition Agreements

This is as true at work as it is in life, except that in workplace law there is always an exception. Here is a sampling of some of the questions readers of this column frequently ask and the answers that I often provide. Should I respond to a poor performance appraisal? I am told that non-competes will never be enforced? Can I be fired while I am on sick leave? I should have received a promotion. I signed an independent contractor agreement but I am truly an employee.

Drafting employment contracts

Posted in: Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements

This is the tale of two recent appeal cases, which together confirm my “Kitchen Sink” theory on employment contracts. That is, employers often bargain for excessive protection, no matter how junior or administrative the employee. However, in seeking such protection, they sometimes get none at all.

Some of Employers’ Favourite Tricks

Posted in: Employment Contracts, Non-Competition Agreements

Money is the cause of most workplace disputes. Employees and employers each feel that they deserve more of it and each will invariably go to great lengths to keep it in their own pockets, leaving less for the other. The following are some of the most common money-saving “schemes” that employers try to pull on employees, followed by next week’s column on employees’ favourite tricks.

Anything goes in employment contracts – Beware of dangerous terms

Posted in: Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements, Resignation

When it comes to employment contracts, all is fair in love and war, as pretty much anything can be incorporated into the agreement. Employees should, therefore, beware of the certain terms.

Contracts at the workplace

Posted in: Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements

Do contracts really matter or are they irrelevant? In the often confusing world of workplace law, why are some agreements upheld, when many others are simply overlooked? The answer depends on the purpose that the contract is meant to serve.

Can my employer force me to sign a non-compete clause?

Posted in: Non-Competition Agreements, Non-Solicitation Agreements

Could you comment on Canadian case law about non-compete and non-solicitation clauses? My new employer is insisting that I sign one, and the battle to get it removed is proving unhealthy for my relations with the employer even before I start.

Workplace policies

Posted in: Cause for Dismissal, Damages for Bad Faith, Mental Distress and Personal Injury, Employment Contracts, Human Rights and Discrimination, Non-Competition Agreements, Non-Solicitation Agreements, Severance Packages

Many disputes are rooted in, and later resolved on the basis of, policy. Or at least they should be. This applies in law as much as it does in life: our courts do not always decide employment cases based on what is reasonable or just, but rather, on what makes for the best workplace policy.

Workplace Law’s misconceptions

Posted in: Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements, Reasonable Notice, Resignation

Poor performance may be cause for dismissal.

Think Twice Before Taking Clients from your ex employer

Posted in: Employment Contracts, Non-Competition Agreements, Non-Solicitation Agreements

Employment is a two-way street. Just as they can be dismissed without notice, employees are not “owned.” They are always free to leave. However, disputes often arise when they try to take their clients with them. Since clients’ affiliations often lie with the relationships that are built and the key employees who have built them, courts permit employers to protect their clients through contractual limits on post-employment competition and solicitation. But what happens when there is no contract at all?