October 30, 2002

Fixed-term contracts

Question: What happens when an employee on a fixed-term contract works past the expiry of the fixed term? Answer: A fixed-term contract allows an employer to hire an employee for a specific period of time, at the end of which the employee’s term of employment comes to an end. Under a fixed-term contract the employee…

October 21, 2002

Stock option plans hit the courts

An employee may be terminated but rights to stock options can live on Stock option plans have become a staple of employment compensation, especially for executives and employees in the technology field. Now options are finding their way into termination disputes and the legal system. Canadian courts have made it clear that unless companies are…

October 2, 2002

Can existing staff be asked to sign new employment contracts?

Question: When we first started the company we did not require our employees to sign an employment contract upon hiring. We have since implemented a policy of having new hires sign written employment contracts and are wondering if we can also ask our existing employees to do the same. Answer: Generally, an employer cannot insist…

June 17, 2002

Tips for Getting it Right

Your employees are privy to sensitive information, but the company has no employment agreements in place to protect confidentiality or deal with terminations. Can you tell staff they must sign a written employment agreement that contains stringent confidentiality and termination provisions or they will be dismissed? Will the courts enforce agreements signed under those circumstances?…

June 17, 2002

Employment Agreements – Getting it Right

Three key elements to consider when implementing employment agreements for current employees: consideration, duress and reliance Your employees are privy to sensitive information, but the company has no employment agreements in place to protect confidentiality or deal with terminations. Can you tell staff they must sign a written employment agreement that contains stringent confidentiality and…

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