Agreements
As a business it is important to have proper agreements in place with employees as well as independent contractors. At Rodney Employment Law we regularly assist employers with drafting comprehensive solid and enforceable agreements. These agreements provide employers with the security in the event that the workplace relationship does not work out and flexibility to operate your business from a legal standpoint.
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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 Case law has informed us that even one outdated or improperly worded provision may result in the entire agreement being rendered unenforceable.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 If your business does not currently have agreements in place or if your employment agreements are outdated and in need of review, we are here to help.
Compensation & Bonus Plans
We can assist your business in putting together a wide range of compensation and bonus plans for your staff. These plans can range from a simple sales plan to a complex bonus, incentive and equity plans. We will assist you in simplifying these types of agreements while ensuring that you are fully protected and have a high level of flexibility. Helping you find creative and attractive options to ensure that you are hiring the very best talent is critical in this competitive market.
Restrictive Covenants
It is important for employers to understand that restrictive covenants need to be in place to protect employers from situations where employees pursue clients and/or colleagues following the end of their employment. Having proper limitations in place can help prevent these types of situations. We can help you draft restrictive covenants such as non-solicitation, confidentiality, and even non-compete that the court will agree to enforce. We will also represent you in the event that a former employee breaches their obligation(s) to you.
Independent Contractor Agreements
One of the most complex and challenging issues in today’s workplace is the classification, or rather misclassification, of an Independent Contractor or Employee. Employers misclassifying employees as Independent Contractors should understand the risks that come along with that, including the risk of Wrongful Dismissal, Revenue Canada risks, and potential liability under employment standards. Are you currently engaged in an agreement with 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 the worker?
- 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 the worker’s opportunity for profit in providing the services?
We will work with your business 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 then assist you in putting together proper, well-written agreements which could save your company from significant potential liability down the road.
