Agreements
It is so important for individuals to have agreements properly reviewed by a legal professional. At Rodney Employment Law, we regularly assist both employees and independent contractors with comprehensive reviews of various types of agreements. If you have been provided with any type of employment agreement or independent contractor agreement, contact us today to conduct a full and proper review and provide you with the ‘peace of mind’ you need to move forward. Remember – you should not sign any paperwork before seeking proper legal advice!
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Employment Agreements
An Employment Agreement includes all the relevant terms and conditions that govern the working relationship with the employee. In drafting an Employment Agreement for your business, our team will ensure that there are proper provisions and unambiguous language in place to protect you from potential risks and claims. Case law has informed us that even one outdated or improperly worded provision may result in the entire agreement being rendered unenforceable. Above all else, one thing is for certain: an enforceable Employment Agreement could save you, as an employer, significant costs (both in terms of payouts and legal fees incurred) and liability down the road. If your business does not currently have agreements in place or if your employment agreements are outdated and in need of review, we are here to help.
Independent Contractor Agreement
One of the most complex and challenging issues in today’s workplace is the classification or rather misclassification of an Independent Contractor or Employee. Individuals are often misclassified as Independent Contractors when they are actually employees at law. Companies that misclassify individuals could be liable for Wrongful Dismissal, Revenue Canada risks, and employment standards consequences. Are you currently engaged in an agreement as an “Independent Contractor”? If so, is the arrangement legitimate? The following are some of the factors considered by our courts to make that determination:
- Control: what is the level of control the company has over you?
- Tools and Equipment: who provides the tools and equipment?
- Financial risk: who bears the financial risk in the relationship?
- Investment: what is the degree of responsibility for investment and management?
- Profit: what is your opportunity for profit in providing the services?
We will work with you to review the level of control in the relationship along with other key factors to provide you with a proper assessment of your working relationship. We will also review your Independent Contractor Agreement to ensure that your rights down the road will be protected.
Compensation & Bonus Plans