Are you looking for an employment contract in Ontario? Maybe you are a business that is planning to hire your first employees. Or maybe things have gone wrong. You now need a business lawyer to handle a lawsuit for you. Either way, we have experienced employment lawyers that can assist you with your employment law needs.
You have a few options for speaking to an employment lawyer. You can call us right now below and our intake team will take your information and pass it on to the Ontario lawyer. Also, you can book a time directly below and the lawyer will call you then. Further, you can use the live chat function in the bottom right of the screen. The employment lawyer will call you for a free phone consultation.
What is the Employment Standards Act?
This is the legislation that governs many employment relationships in Ontario. In general, the legislation sets out the entitlements to employees and obligations upon employers. Employers and employees cannot contract out of the terms of the Employment Standards Act. This is not the only law that governs employment relationships in Ontario. For example, the Human Rights Code also addresses employment relationships in Ontario. Further, it provides human rights protections to employees.
How do non-solicitation clauses work?
These are terms included in an employment contract. They prohibit employees from poaching employees or clients/customers of the employer. This is both during the course of employment and after the employment relationship is over. These clauses are not always enforceable. They have to be unambiguous. Further, they must be reasonable in terms of the length of time. This is during the time the restrictions are imposed. They also must be reasonable in terms of the geographical scope. They are intended to protect an employer’s reasonable business interests.
What is the correct way to terminate an employee?
It is always best practice to consult an employment lawyer before terminating an employee. A good employment lawyer will help the employer to understand its legal obligations. They can potentially strategize to save money on the termination. It is important to terminate employees in a sensitive and professional manner. Otherwise, there may be damages that flow from a harsh termination.
Most employees will be entitled to notice of his/her impending termination, or pay in lieu of notice. Those entitlements may be the minimums set out in the Employment Standards Act or maybe greater at common law.
Common-Law Notice | Employment Contract Ontario
The length of the notice period will vary depending on many factors. This can include whether there is a termination clause in an employment contract. It can also be about the age of the employee or the type of services provided. Further, it can involve the length of service and whether the employee held a management position. An employee may also be entitled to severance pay under the Employment Standards Act. This would be in addition to the termination pay.
An employer may wish to consider whether to obtain a full and final release. This would be from an employee to prevent legal actions. It would prevent lawsuits from being brought or pursued. This is in exchange for a severance package. An employee may be terminated for just cause. This is for reasons having to do with his/her conduct.
Grounds for a just cause termination may include persistent absenteeism. It can also include insubordination, incompetence, or harassment in the workplace. Some other reasons are theft and/or breach of company policy. Employees who are terminated for just cause are not entitled to notice or pay in lieu of notice. A lawyer can help determine whether there is any proper basis to terminate an employee for just cause.
Employment Contract Ontario
Employment law is the area of law that pertains to employment relationships. These lawyers typically advise on and assist with:
- employment contracts
- employee terminations
- workplace procedures and policies
- harassment and discrimination in the workplace
- employee disciplinary matters
- employment legislation
- workplace investigations
- human rights legislation
Employers should view employment agreements as a very important tool and necessary business expense. We always recommend that employers obtain legal advice. This should be from an experienced and capable employment lawyer. You would hire a lawyer to arrange for the preparation of an employment agreement for their employees.
Many employers do not realize that the employment laws in Ontario are very generous to employees. They are often at the expense of the employer. A proper and carefully drafted employment agreement will give an employer entitlements. This would power it otherwise would not have. It can lead to savings of potentially tens of thousands of dollars!
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Below are some important terms that can be contained in an employment agreement.
Employment Contract Ontario | A termination clause
A properly drafted termination clause could significantly limit an employee’s entitlements. This would be for notice or pay in lieu of notice. It would help shorten the notice period on a without cause termination. An employer cannot contract out of the Employment Standards Act minimums. However, it is possible to contract out of common law notice entitlements.
It could be well in excess of 1 month per year of service! Termination clauses are also beneficial. This is because they provide certainty to both employers and employees. It helps with the notice entitlements to be provided to an employee on a without cause termination.
Most employees are not bound by restrictive covenants. This is unless the employer contracts with the employee for those clauses. In other words, by an employment agreement, the employer can arrange for different situations.
Which stops the “poaching” of employees and clients/customers. To be enforceable, these clauses must be carefully drafted to ensure that they are clear and unambiguous and are reasonable both in terms of length of time and geographic restrictions.
While these are usually unenforceable in Ontario, in unique circumstances they may be both appropriate and enforceable. This is why it’s important to speak to a lawyer to get legal advice.
Employment Contract Ontario
As the law currently stands, an employer is not permitted to legally lay-off an employee without having the right to do so pursuant to an employment agreement. COVID-19 certainly made it clear how this right can protect a business from significant losses during times of economic instability.
In view of COVID-19, it is more critical than ever for employees to understand their exposure and to take proper steps to protect their interests. You should speak to a lawyer in Ontario today.
If you want a lawyer to cover the topics below in an agreement, call us below. Our lawyers can help with creating an employment contract in Ontario. Once we have your information, you will get a call back from an Ontario lawyer.
- solicitation clauses
- termination clause
- employment agreement
- hours of work
- employment relationship
- how to terminate the employee
- restrictive covenants
- competition clause
- terms of employment
If you need help with an employment agreement in Ontario, call us below.
In conclusion, you can learn more about Canadian law on Youtube.
Author: Alistair Vigier is the CEO of ClearWay Law