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Lunch & Learn Seminar Series

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

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Lunch & Learn Seminar Series

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

  2. 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?

  3. The Nature of the Employment Relationship

  4. Common Law & Legislation

  5. Termination and Constructive Dismissal

  6. 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

  7. Contractor or Employee? Economic dependency Control Ownership of tools/ means of production Factors:Court considered in determining if employee/dependent/ independent contractor Exclusivity Integration test/whose business was it? Risk of profit or loss

  8. New Employee Interviews What questions should I not ask?

  9. Terminations Do I have to have a reason to terminate an employee?

  10. Notice of Termination What is working notice? What is severance and how is it calculated?

  11. US Style Employment Agreements Can I make my contracts with employees “At Will”?

  12. Restrictive Covenants When are Non-compete and Non-Solicit clauses valid?

  13. 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?

  14. 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?

  15. Questions? Pete Smith, Executive-in-Residence, iF peter.smith@innovationfactory.ca Rob Salisbury, Partner, Gowlings robert.salisbury@gowlings.com

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