REPRESENTING EMPLOYERS AND EMPLOYEES IN OTTAWA, CANADA
2200 Prince of Wales Drive,Suite 401
Ottawa,ON K2E 6Z9
Tel: (613) 225-4400 Fax: (613) 319-0536

New Location:

1116 Wellington Street West, Ottawa, Ontario    K1Y 2Y7

The Cost To Employers If Harassment Is Allowed To Continue In Their Company

If harassments are allowed to continue, a company will suffer from employee stress-related illness, low morale, and ultimately low production as well. The other cost is to the company’s reputation in the marketplace.

Non-Competition v. Non-Solicitation Clauses

It can be difficult for an employer to enforce a non-competition agreement that prevents workers such as sales people from working for a competitor. In those situations, it’s hard to argue that there is a proprietary interest that the organization has a right to protect. In those situations, a non-solicitation agreement would be preferable because it prevents the employee from approaching and soliciting the same clients that his previous employer was dealing with. A non-competition agreement takes the employee out of his area of expertise, saying he can’t work as a salesman. Courts are really reluctant to do this except in the most extreme situations.

The Difference Between A Non-Competition Agreement And A Non-Solicitation Agreement

It can be difficult for an employer to enforce a non-competition agreement that prevents workers such as sales people from working for a competitor. In those situations, it’s hard to argue that there is a proprietary interest that the organization has a right to protect. In those situations, a non-solicitation agreement would be preferable because it prevents the employee from approaching and soliciting the same clients that his previous employer was dealing with. A non-competition agreement takes the employee out of his area of expertise, saying he can’t work as a salesman. Courts are really reluctant to do this except in the most extreme situations.

The Use Of A Non-Competition Agreement As A Condition Of Employment Or When There Is An Employment Termination

An employer can make employment dependent upon a non-competition agreement. If the candidate refuses to sign the agreement, the employer can say, “I’m sorry, your employment is depending upon our agreement to a non-competition clause.”

Ask the Expert (Employment Contracts)

Is there such a thing as the “perfect job”? With the job market as it is, many workers simply feel lucky to have employment. Workers who find themselves without employment often jump at the opportunity to work. Little (or no) attention is paid to the pile of documents presented on hire. In fact, employees too frequently sign employment contracts without reading them let alone giving consideration to the long-term consequences.

Ask the Expert (Some Facts About Public Holidays)

Some Facts about Public Holidays: Summer is almost here and everybody wants to take as much advantage of the beautiful weather as they can. Let’s take a look at Public Holidays and how they fit into the work place.

Ask the Expert (Pregnancy and Parental Leave)

Question: I’m a new Dad who would like to take some time off to spend with my daughter. I’m a little embarrassed to ask my own HR department about this but I was wondering what options do I have?

Ask the Expert (Independent Contractors)

Question: I work for myself as an independent contractor. Am I protected by the same rules or are there different ones for me? What if I am fired?

Ask the Expert (Severance Entitlement Pay)

Ask the Expert? By Melynda Layton LLB, As Published in January 20, 2006 Edition of the Stittsville Weekender

Griping on the Net

Gripin’ on the Net, By Melynda Layton LLB, Currently Unpublished

Legal Aspects of Service Contracts

Kanata Kareer Group

The Leviathan and the Minnow - A Cautionary Tale about Accomodation

The Leviathan and the Minnow: A Cautionary Tale about Accommodation, By Melynda Layton LLB, As Published in November 2005 Issue of Up-Date OHRPA Newsletter

Best Employment Practices for Condominiums

Best Employment Practices for Condominiums, By Melynda Layton LLB, Presented in September, 2005 at the ACMO CCI Conference

Employment Contracts: Tips, Traps and Techniques

Ottawa Small Business Forum

Dental Practices and Employment Law

Dental Practices and Employment Law, By Melynda Layton LLB, As Presented to the Royal Bank of Canada, 2005.

Changes to Legislation have Far-Reaching

Changes to Legislation have Far-Reaching Implications on Employment Contracts, By Melynda Layton LLB, As Published in November 2004 Issue of Up-Date OHRPA Newsletter

Employment Standards and Dismissal

Employment Standards and Dismissal for Incompetence, By Melynda Layton LLB, As Published in January 2002 Issue of Up-Date OHRPA Newsletter

Case Summary - Matheson vs Canadian Freightways Ltd.

Matheson v. Canadian Freightways Ltd. [2003] B.C.J. No. 2624, By Melynda Layton LLB, As Published in March 2004 Online Edition of OHRPA Legislative News

Independent Contractors

Independent Contractors Subject, Owe Duty of Confidentiality, By Melynda Layton LLB, As Published in November 2003 Issue of Up-Date OHRPA Newsletter