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How Enforceable is a Non-Competition Clause in an NDA?

You just landed a new job and received a non-disclosure agreement (NDA) to sign. Before you dot the i’s and cross the t’s, do you know exactly what you’re agreeing to? Often, there ...

What is a “permanent” full time position?

In today’s job market, finding semi-regular employment can be challenge, and finding permanent employment can be nearly impossible. But what exactly is a “permanent” employment positio...

Is my employment contract void if I’m reclassified as a contractor?

If you are being reclassified as an independent contractor after working as an employee, your employment agreement may be void – but not entirely. The employment agreement can provide...

Does the improper disclosure of confidential information always result in damages?

MISUSE OF CONFIDENTIAL INFORMATION DID NOT RESULT IN DAMAGES Edac Inc. v. Tullo 1999 CanLII 14868 (ON SC) Before resigning from his senior management employment position with the plaintiff, an e...

Blog Bite: When can employers enforce employment agreements executed after an employee commences work?

This article posted on our partner site Mondaq.com discusses the enforceability of employment agreements executed shortly after an employee commences work. The author uses a recent Ontario Court of ...

Is it legal for a company to ask an employee to sign an NDA after the employee has started working?

Today’s job market is tough, so when an employment opportunity presents itself, many jump at the chance and take the job. You might notice that the offer letter you accepted in lieu of a...

Overview of Employment Agreement

Overview of Employment Agreement   What is this document? An Employment Agreement is used to establish the relationship between an employer and an existing or new employee. It includes t...

Are All Arbitration Provisions in an Employment Agreement Enforceable?

Whether a particular arbitration clause will be enforceable depends on the way in which the clause is drafted. Generally speaking, if (i) the clause is clear, (ii) arbitration is made ma...

What legal rights do I have where an employer promised shares but did not deliver?

Trust is a big part of any deal, and  a situation where you’ve been hired and promised shares but never received any is a major breach of that trust. But does that trust translate into so...

As a Programmer, Are You Committing Intellectual Property Theft by Abstracting Ideas Learned at Work Into a SaaS Product?

In this day and age, technology is taking over every aspect of our lives. Ideas developed for one area can be modified with ease and adopted in another area. If you are starting your own business, you...

How Can I Prevent Employees from Posting Material on Behalf of my Company?

During World War II there was an expression designed to keep people from sharing seemingly unimportant information with others, especially in public places: “Loose lips sink ships.” Today that pub...

Are volunteers unpaid interns or employees?

Are Volunteers Unpaid Interns or Employees? (Or...How to "Hire" a Volunteer). The job market in a number of professions such as marketing, legal and non-profit has become increasin...

What legal documents do I need for on-boarding employees and directors to my start-up?

As your startup grows, you will find yourself needing to hire more and more people. If you’re bringing employees onto your team it’s important to have a solid employment agreement ready to go, wit...

Elsegood v Cambridge Spring Service Ltd., 2011 ONCA

Discussion: The employee was found by the court to be terminated after 35 weeks of the layoff period had concluded. The employee successfully sued for six months notice of termination as a result of t...

Wood v. Enbridge Gas Distribution Inc., 2011 ONSC

Discussion: This case deals primarily with the distinction between an employee and an independent contractor. Although the parties in this case intended to structure their relationship so that the app...

Contractors need to specify payments for incomplete tasks

When drafting a work related contract, ensure that payment due for the completion of the task, as well as payment due for partial completion of the task is included and specify the degree of completio...

Blog Bite: Are arbitration clauses in employment agreements enforceable?

This article posted on our partner site Mondaq.com explores the enforceability of mandatory arbitration clauses in employment agreements. Citing Morrison v. Ericsson Canada Inc, the author cautions ...

Blog Bite: No Intention to Repudiate Employment Agreement Found in the Dismissal of Former Employee

An Ontario decision recently decided that General Motors of Canada Ltd ("GM") did not commit a breach of an employment contract with a former employee. The Court of Appeal stated that the absence of...

Employers Beware: Does Your Employee Owe a Fiduciary Duty Post-Termination?

  A recent Ontario Court of Appeal decision affirmed that employees who play a vital role in a company owe a fiduciary duty to their employer even after termination. In GasTOPS Lt...

Sign This or Lose Your Job! Can My Employer Really Do This?

The Employee’s Perspective Imagine coming to work one day and being told by your employer that you have to sign a contract that changes the terms of your employment (for the worse) or be fired. S...

Survival Gear: Making the Confidentiality Clause a ‘Survivor’ of the Employment Contract

The Jungle For most of us, the toughest ‘jungle’ we will have to learn to survive in is the world of employment. Most of us will not win a $1 million prize by being crowned the Sole Survivor on...

Paying with Shares: The Employee’s Perspective

Introduction What makes a stock option plan or agreement attractive to an employee? The short answer is - the opportunity to make money!   There are three basic ways for an employee to m...

Paying With Shares: The Employer’s Perspective

Introduction Your startup is thriving but you still have more goodwill than cash, and you need to retain your talent. You can’t afford to raise their pay - what can you do? Many companies in th...

Piece by Piece – 5 Legal Considerations for Startups

Introduction Every startup needs a name, a location, a business structure, financing and at least one employee (or self-employed entrepreneur!). Each need involves different legal considerations. H...

Non-competition Clauses: Is 5 Years Too Long to Promise not to Compete?

  Employment Contracts Non-competition clauses are often found in employment and consulting contracts. Generally speaking, these clauses have to be as narrow as possible, covering only ...
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