Talia Bregman comments in Law Times on why Ontario employers should review their employment contracts now. She says that, “If an employment contract, particularly one based on a standard form, has not been updated in the last six months to reflect recent changes in the law, there is a very good chance that some of its key terms are no longer enforceable in Ontario.”
Termination clauses are especially ripe for review. Talia says, “Historically, employers have focused on termination without cause, but recent case law shows that any provisions that deal with entitlement on termination, whether it relates to dismissal for cause or without cause, resignation or probationary clauses, are at risk”
Talia also describes why non-competition covenants are under the microscope in Ontario.
The full story is available here.