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Hiring Employees: WHEN You Do Things May Be As Important as WHAT You Do

The Ontario, Canada Superior Court of Justice recently declared unenforceable a employment agreement, valid but for the timing of its execution. The employment agreement was signed after the employee had discussions with the prospective employer about the terms of his employment and had received an offer letter, and provided for one week of severance pay.  When the employee was terminated after nine months of employment, he sued claiming the discussions and agreements reached before he signed the employment agreement comprised the binding terms of his employment.  The court agreed and awarded the employee four months’ severance pay. The message for employers from the Ontario court is: all of the hiring documents should have been presented at the same time and in advance of starting the job so that there is no confusion as to the contract being entered into between the parties.

Ally Law Emplyoment

Laws on the specifics of employment, including hiring and firing procedures, vary greatly between provinces, states, and countries. Consult an employment attorney at an Ally Law member firm to confirm that your employment policies and procedures give you full protection and comply with applicable laws.  Should your policies or procedures be challenged, an employment dispute resolution attorney at an Ally Law member firm can advise on your best course of action.  For more information about our services in this area, contact us at yourally@ally-law.com.

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By Torkin Manes.