Lunch & Learn Seminar Series Employment Law Fundamentals Rob Salisbury, Partner, Gowlings Pete Smith, Executive-in-Residence, iF November 22, 2011.

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Presentation transcript:

Lunch & Learn Seminar Series Employment Law Fundamentals Rob Salisbury, Partner, Gowlings Pete Smith, Executive-in-Residence, iF November 22, 2011

Outline Why 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

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 Economic dependency Control Ownership of tools/ means of production Risk of profit or loss Integration test/whose business 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