lunch & learn seminar series employment law fundamentals rob salisbury, partner, gowlings pete...
TRANSCRIPT
Lunch & Learn Seminar Series
Employment Law Fundamentals
Rob Salisbury, Partner, Gowlings
Pete Smith, Executive-in-Residence, iF
November 22, 2011
OutlineWhy every start-up needs written employment agreements The Nature of the Employment Relationship Common Law & Legislation Termination and Constructive Dismissal Contractor or Employee?
Common Misconceptions Interviewing - What questions can I not ask? Termination - Do you have to have a reason ? What is working notice, what is severance and how is severance decided? US style “Employment at Will” When are Non-compete and Non-solicit clauses valid? If I am not ready to hire someone fulltime, but am bringing them on as a contractor, what do I
need to worry about? Is it different whether I pay them in cash or equity?
The Nature of the Employment Relationship
Common Law & Legislation
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Termination and Constructive Dismissal
Termination and Constructive Dismissal
“A constructive dismissal occurs when an
employer makes a unilateral and
fundamental change to a term or condition of employment without providing reasonable
notice of that change to the employee.”
Vanderleest v. City of Regina
Contractor or Employee?
Factors: Court considered in determining if employee/dependent/independent contractor
Exclusivity
Economicdependency
Control
Ownership of tools/means of production
Risk of profitor loss
Integration test/whosebusiness was it?
New Employee Interviews
What questions should I not ask?
Terminations
Do I have to have a reason to terminate an employee?
Notice of Termination
What is working notice? What is severance and how is it calculated?
US Style Employment Agreements
Can I make my contracts with employees “At Will”?
Restrictive Covenants
When are Non-compete and Non-Solicit clauses valid?
Employees versus Contractors
If I am not ready to hire someone fulltime, but am bringing them on as a contractor, what do I need to worry about?
What can a start-up do to best protect themselves
If I am a start-up without a lot of cash to spend on Lawyers, what are the basics I should have my lawyer do for me to ensure I am protected?
Questions?
Pete Smith, Executive-in-Residence, iF
Rob Salisbury, Partner, Gowlings