Employment Contract LawyerNeufeld Legal P.C. - Christopher Neufeld
CONTRACT for EMPLOYEES and CONTRACTORS
Critical to almost every business arrangement is the underlying contract that the parties negotiate and enter into, as it will shape the manner in which their ongoing commercial relationship will be conducted and issues resolved. As such, it is imperative that the appropriate contract be drafted, such that the true intentions of the parties are addressed and appropriate contractual measures are put in place to resolve problems and settle disputes.
A typical employment agreement consists of several standard components, the specificity of which is to be settled by legal counsel in its drafting (or amending) of the employment contract:
a. Scope of Employment - what the employee's role shall be with the employer and how the employee's functions are to be carried out
b. Employment Term - length of employment period, renewal periods, as well as probationary period if applicable
c. Remuneration - what employee will be paid for his service (hourly rate, set fee), additional compensation, bonuses, benefits
d. Employee Covenants - what is mandated of the employee in furtherance of his/her engagement
e. Employer Covenants - assurances being provided by the employer in furtherance of the employee undertake this particular job
f. Termination - how the employment arrangement might be terminated and what obligations each of the parties have when termination occurs under specific circumstances
g. Restrictive Covenants - obligations to the employer, i.e. confidentiality, non-solicitation, non-competition (although this final aspect often represents over-reaching on the part of the employer)
h. Resolution Structure - how disputes are to be resolved (mediation, arbitration, court)
i. Legal Boilerplate - the back-end of the agreement intended to capture many of the standard legal aspects associated with contractual arrangements
For knowledgeable and experienced legal representation in negotiating, drafting and reviewing employment, contractor and consultant contracts, contact contract lawyer Christopher Neufeld at 416-887-9702 / 403-400-4092 or via email at Chris@LawyerContract.ca.
Contracts should be made specific to the particular circumstances of the business arrangement, as opposed to simply attempting to rely on a generic template that is not designed to advance your company's financial interests, hence the significance of a contract lawyer drafting your emploment and independent contractor agreements.
Clauses often seen in such contracts might include some variant of:
"The Employee agrees that he will at all times faithfully, industriously, and to the best of his skill,
ability, experience and talents, perform all of the duties required of his position. In carrying out
these duties and responsibilities, the Employee shall comply with all Employer policies,
procedures, rules and regulations, both written and oral, as are announced by the Employer from
time to time. It is also understood and agreed to by the Employee that his assignment, duties and
responsibilities and reporting arrangements may be changed by the Employer in its sole
discretion without causing termination of this agreement."
"It is understood and agreed that the first ninety days of employment shall constitute a
probationary period during which period the Employer may, in its absolute discretion, terminate
the Employee's employment, for any reason without notice or cause."
Contract Lawyer Christopher Neufeld is a corporate commercial solicitor admitted to practice law in Alberta and Ontario (Canada) and New York (U.S.A.). Christopher's legal practice focuses primarily on business law, in particular corporate commercial transactions and contract drafting and negotiations. Operating from Calgary [705 - 120 Silvercreek Close NW, Calgary, Alberta]; Toronto [1 Yonge Street, Suite 1801, Toronto, Ontario] and Burlington [719 Catalina Crescent, Burlington, Ontario]. For more information on employment related legal matters visit www.EmployerLawyer.ca. © 2013.