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On Vacation (in Ontario)

If you haven’t seen Michael Moore’s documentary “Where to Invade Next” yet, suffice it to say that you don’t know how much you want to work in Italy. Their employment laws are extremely gene...

Blog Bite: What do foreign employers need to know when conducting business in Ontario?

This article posted on our partner site Mondaq.com is a must-read for foreign employers operating their businesses in Canada. It helps employers identify and understand the differences in Canadian...

Blog Bite: How far can employers go when screening potential job applicants in Quebec?

This article posted on our partner site Mondaq.com deals with employment law in Quebec. It succinctly recaps the different types of employment relationships (i.e. a contract of employment versus a...

Blog Bite: What terms are essential in an Employment Agreement?

This article posted on our partner site Mondaq.com provides advice on the top twelve “must haves” for written employment contracts. Among the topics covered are what "consideration" might look...

Blog Bite: How Enforceable are “Notice of Resignation” Provisions?

This article posted on our partner site Mondaq.com discusses the case of BlackBerry Limited v. Marineau-Mes, in which an employee signed an employment contract that required him to give six months...

Blog Bite: What Constitutes Just Cause for Dismissal?

This article posted on our partner site Mondaq.com outlines the circumstances that give rise to just cause for termination. Just cause for termination will be found where there is breakdown of the...

Blog Bite: What is the cost of terminating an employee?

This article posted on our partner site Mondaq.com provides a concise overview of what costs are involved in terminating an employee in Ontario. It uses a key piece of legislation, the Employment ...

Blog Bite: What rights does an employee have if they’ve been deemed “unsuitable” for permanent employment during the probationary period?

This article posted on our partner site Mondaq.com explains the decision of Nagribianko v. Select Wine Merchants Ltd. where an employer terminated an employee during the probationary period on the...

Blog Bite: Can an employee terminated during a probationary period sue for wrongful dismissal?

This article posted on our partner site Mondaq.com examines the Ontario case of Deacon v. Moxley wherein an employee successfully sued for wrongful termination even though his employer terminated ...

Blog Bite: What does “probation” mean for employers and employees in Ontario?

This article posted on our partner site Mondaq.com examines what “probation” means to both an employer and an employee in respect of obligations and rights on termination. In particular, it ex...

4 Ways You Can Make Ontario’s ESA Work Better for You

There are only four allowable circumstances in which an employer and employee may enter into an agreement to vary from the Ontario Employment Standards Act (ESA) standards. All agreements should: ...

Ontario: Statutory Requirements for Employee Hours

Last updated Jan, 2018. After the standard exchange of “hello”s and “how are you”s when meeting someone for the first time, it won’t be too long until an awkward lull in the conversation ...

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...
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