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

peter.smith@innovationfactory.ca

Rob Salisbury, Partner, Gowlings

robert.salisbury@gowlings.com