In-person or via online self-pace webinars Offered in Ontario and Across Canada for Federally Governed Employers

An employment contract is one of the most important documents an employer will have signed over the course of the employee's employment. As an employer, it's your duty to know what to include and what to exclude from the employment contract for the benefit of your employee—and the protection of your organization.

Are you looking for information on how to draft a legally binding and legible employment contract? Do you want to learn about the enforceable termination clause and not wait until you have terminated someone to find out that your contract is null and void, and you cannot rely on the termination provisions set out in your employment contract? Call the office of Suzanne Desrosiers Professional Corporation now. We have experienced lawyers working in employment law and offer employment contract masterclass training where you'll learn everything you need to know about employment contracts.

Book a spot in one of our masterclasses today. Call (705) 268-6492 now.

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The Benefits of Employment Contracts Training

As a business owner or employer, you have many obligations. There are invoices to concern yourself with, the company's continued success, and the quality of service your clients receive—but that isn't all. Your staffing situation also needs to be constantly on your mind as for most businesses they depend on their employees to service the clients they serve.

Your company's employees are the lifeblood of your company—operations would come to a grinding halt without them. The best way to retain employees and keep operations running smoothly is to outline the terms of their employment at the very outset. In employment contracts, nothing should be left to the imagination. Transparency is critical in the workplace, and our training helps employers make their expectations transparent from the start.

Masterclasses for Employers

During your employment contract training sessions, we'll discuss some of the most prominent and important elements of the contract agreement, such as:

• Compensation
• Hours of work
• Vacation pay
• Employee expectations
• Sick leave
• Maternity and paternity leave
• The termination provisions for a termination for cause or without just cause
• …and more

Why leave any possibility of misinterpretation during the hiring process? Make sure your employees know what they're entitled to and what is expected of them from the very beginning.

Termination Clause for Employee Contract

The termination clause is, without a doubt, one of the most overlooked portions of the employee contract. This portion of the employee contract agreement outlines the financial compensation an employee is entitled to if they're terminated without cause. It can be challenging to draft a termination clause without the oversight of a lawyer who is well-versed in employment law. Thankfully, our masterclasses are just a phone call away. Many employment contracts have provisions to terminate the employee by providing the minimum entitlement under the Employment Standard Act (ESA). This represents between one week and eight weeks' notice or pay in lieu of notice depending on the years of service. This clause is consistently challenged in Court and the Court always tries to set it aside because it is not much notice or pay in lieu of notice particularly a long term employee.

To give you an example, a termination clause may provide the minimum under the ESA but if not enforceable it gives the employee to be compensated under the common law which is a lot more generous. For example, a management employee that has been employed for the past 25 years at a company under the ESA would only be entitled to the maximum of 8 weeks salary plus benefits and if the employer has a payroll of less than 2.5 million. That same employee with an unenforceable termination clause can be liable for up to 20 months salary at common law. The problem is you won't find that out until you have already terminated the employee, for the most part, and the employee seeks legal advice. Now you can appreciate the importance of an enforceable termination clause and unfortunately many employers get employment contracts signed when they first hire the employee and then files it away until they want to proceed with a termination. If they don't seek legal advice before signing they are exposing themselves to a substantial cost. That is why employers should get their employment contracts reviewed annually as this is a field of law that is in constant evolution. Failure to do so will likely void the termination clause. As of now, a termination clause drafted three years ago is likely null and void because of the interpretation of them by the Courts that are seeking not to enforce it because they don't find it fair that a 20 year employee only receive 8 weeks salary on a termination.

Finalize Your Employment Contracts Now

Have you drafted an employment contract but aren't sure if it is clearly enforceable as an employment contract? Do you want to make sure no important information is left to interpretation? Schedule a consultation by calling (705) 268-6492 at your convenience. We're always here to take your calls.