Drafting Employment Contracts

| Friday, April 30th, 2010 | No Comments »

Employers often take a kitchen sink approach to drafting employment contracts. They bargain for excessive protection, no matter how junior or administrative the employee. However, in seeking such protection, they sometimes get none at all.

The key to drafting enforceable contracts is simplicity and consistency with the law.  For example, a severance clause that permits termination upon payment of 30 days would be considered illegal because the legislation in Ontario (and most other provinces) requires up to 8 weeks notice to terminate an employee without cause.

Similarly, there is no “right” to probation periods unless this is something that was agreed to and even then the clause will be only work if it precludes payment in excess of the statutory minimum.

Click here to read Daniel A. Lublin’s Metro article where he reviews probationary periods, severance provisions, constructive dismissal, policy manuals, resignations and restrictive covenants.

Daniel A. Lublin is a partner with Whitten & Lublin LLP, which is a team of legal experts who provide practice advice and advocacy for workplace issues.  Dan can be reached at dan@toronto-employmentlawyer.com.

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