CLE Online

Course Introduction and Land Acknowledgement (9:00 – 9:05)

Genevieve Chang — Program Lawyer, CLEBC, Vancouver
Kemily Ho — Cooperwilliams Truman & Ito LLP, Vancouver
Lou Poskitt — Cooperwilliams Truman & Ito LLP, Vancouver

Employment Agreements (9:05 – 9:45)

• what laws govern?: jurisdictional issues and overview of applicable legal frameworks at play
• temporary or permanent working relationship?: fixed term contracts vs. indefinite contracts
• contract implementation process: best practices when providing clients with standard form agreements

Independent Contractor Agreements (9:45 – 10:25)

• determining relationship status: legal test and spectrum of working relationship from employee to independent contractor
• obligations for employers vs. contractors: what are the risks if you get it wrong?
• limiting liability regarding relationship status: how do you mitigate those risks within the agreement?

Q & A (10:25 – 10:35)

BREAK (10:35 – 10:45)

Drafting Specific Clauses (10:45 – 11:45)

• seasonal or industry-specific employees: temporary layoff language
• work location: remote work and extra provincial considerations
• protecting longevity of contract: right to make changes to terms and conditions in consideration of constructive dismissal and changed substratum arguments
• termination clauses: enforceability issues in various provinces and mitigation clauses
• restrictive covenants: protecting the company's legitimate business interests
• confidential information and intellectual property: protecting proprietary and confidential information during, and after, relationship

Other Issues to Consider (11:45 – 12:20)

• how to avoid constructive dismissal claims when changing the terms of the contract or implementing a new contract during employment
• how contracts interface with the Employment Standards Act and Workers Compensation Act
• what belongs in the employment contract vs. workplace policies

Q & A and Closing Remarks (12:20 – 12:30)