Canadians and Americans may be culturally similar on some levels. However, in the arena of employment law, we could not be further apart. This is a legal environment that would make the likes of Donald Trump contrite and speechless. A recent ground-breaking case is sure to render many U.S-style employment contracts null and void in Ontario. Does yours pass the smell test?
In 2009, Kohler Company from the U.S. purchased Canac Kitchens, a Canadian cabinet manufacturer. Three years later, they shut down the manufacturing plant terminating jobs in a fashion that was as un-Canadian as it could get. They inadvertently ended up strengthening Ontario labour laws in the process.
Never sign your termination letter or release until an employment lawyer has vetted these legally binding documents. But what if you signed them already? Under rare circumstances, the executed documents can be nullified. Here’s how we successfully invalidated a signed release on behalf of our client.
Almost always, employers require a signed employment agreement as a condition of employment. If yours contains a non compete clause, seek legal advice before you sign, especially if you want to keep your options open about working for the competition.
Employment contracts are important documents that govern an employment relationship. Similarly, termination agreements set out your compensation terms when the relationship ends. Employers generally hold a lot of power when drafting them. However, employees can legally expect a duty of honesty and fair play when negotiating the terms.