• Clearer rights and expectations of all parties from the outset to ensure fewer problems
• Effective use of employment contracts to save time, trouble, and money, avoid law suits, reduce employee termination costs, and protect company assets or property when an employee leaves

Learn:

• How to use contracts for maximum certainty and flexibility
• What forms a contract can take and proper procedures to create them
• Importance of representing the job accurately and avoiding potential exposure for negligent misstatement
• Why contracts can be set aside and how to avoid the pitfalls
• How to improve the chances that restrictive clauses are enforceable
• Components of the contract: basics, restrictions, and special issues

Agenda

Introduction: Why Use Employment Contracts

• Limiting liability
• Who do contracts apply to
• Relationship between employment contracts and statute law

Forms of Employment Contracts

• Applications for employment
• Employment letters
• Conditional offers
• Separate agreements

Using Employment Contracts

• When to propose employment contracts
• Allowing time for review
• Getting contracts signed
• Negotiating terms
• Extra-contractual representations

Amendments During Employment

• Consideration
• Notice
• Employee relations issues

Creating An Independent Contractual Relationship

• Differences between contractor and employee
• Advantages and disadvantages of the relationship
• Termination and other special issues for contractors

Part 1: The Basics: Components of the Contract

• Defining terms or tasks
• Duties and expectations
• Wages and benefits
• Termination of employment (employee termination)
• Defining just cause
• Defining separation package
• Varying from “reasonable notice”
• Resignation and retirement

Part 2: Restrictions: Components of the Contract

• Addressing confidentiality and defining confidential information
• Defining obligations
• Creating exceptions
• Prohibiting competition after termination
• Considerations
• Defining the prohibited activity
• Geographic scope
• Duration
• Remedy
• Procedural issues
• Prohibiting solicitation of employees and customers
• Ownership of inventions and intellectual property

Part 3: Special Issues: Components of the Contract

• Inability to work
• Privacy issues
• Changes of control and the senior executive
• Retention bonuses
• Varying from Employment Standards
• When approval of the Director of Employment Standards is needed and how to get it
• Relationship between employment contracts and releases

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact: