Employment Contracts – Issues to Consider
July 1, 2004 By: Janice B. Payne Read Time: < 1 minute
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  1. Letter or Formal Contract
  2. Identify Position

    • job description
    • can the employer change it?
    • lateral transfers v. promotions
  3. Term

    • fixed or indefinite
  4. Salary

    • when to be reviewed?
    • increases
    • COLA adjustment
  5. Commission Income
  6. Bonus

    • discretionary or determined by formula
    • when payable (date)?
  7. Profit Sharing; Stock Option Plans

    • when entitled?
  8. Benefits

    • when entitled?
    • pension plan
    • employee savings plan
    • life, disability, medical and dental insurance
    • employee loans
    • discount privileges
    • professional dues and memberships
    • credit cards and expense accounts
    • car allowance or company car
    • parking
    • financial counselling
  9. 9. Sick Leave

    • can it be accumulated?
    • treatment or termination
  10. Vacation

    • can it be accumulated?
  11. 11. Notice to Terminate

    • where just cause/no cause
    • during any probationary period
    • does it increase with length of service/promotion?
    • severance in lieu
    • compliance with Employment Standards Act (notice and severance pay)
    • by employee
  12. Moving Costs Covered on Hiring

    • preliminary trips
    • travel for self and family
    • furniture
    • accommodation
    • expenses of sale of home and purchase of new home
  13. Can the Employer Relocate the Employee After Employment Commences?

    • expenses covered
  14. 14. Conflicts of Interest

    • full time and attention
  15. Confidentiality
  16. Restrictions on Future Employment/Business Activity

    • are they reasonable?
    • geographic scope
  17. Legal Advice

    • who pays?
  18. Guaranteed Salary in the Event of Corporate Takeover or Change

    • "Golden Parachute"
  19. Indemnity Provisions

    • especially for Directors and Officers
  20. Applicable Law and Jurisdiction
  21. Arbitration
  22. Whole Contract

    • no representations

For more information contact:

Janice Payne, Nelligan O'Brien Payne LLP LLP
Suite 1500, 50 O'Connor St.
Ottawa, Ontario K1P 6L2
Tel: 613-231-8245; Fax: 613-788-3655
Email: janice.payne@nelliganlaw.ca

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This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

Service: Employment Law

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