Drafting 101: Employment-related Agreements 2024

Course Chairs
Kemily Ho — Cooperwilliams Truman & Ito LLP, Vancouver
Lou Poskitt — Cooperwilliams Truman & Ito LLP, Vancouver

About the Course Chairs
Lou Poskitt is a workplace lawyer and investigator with over 15 years of experience. Lou works with a variety of clients in the public and private sectors and is routinely engaged as a neutral third-party investigator to investigate allegations of bullying and harassment, sexual misconduct, breaches of policy, or other employee misconduct.

Lou has experience advising and investigating in both union and non-union workplaces. Lou acts almost exclusively for employers on all issues that arise in the workplace, including advising on performance management and accommodation issues. Lou routinely assists businesses with drafting and implementing employment contracts and workplace policies.

Lou has experience supporting business lawyers on the employment aspects of share and asset purchases. He supports transactional work by identifying employment law risks in deals and advises on the integration of employees from newly acquired companies, reductions in force or plant closures, addition or elimination of positions, reclassification of workers, and provides risk assessments to achieve a smooth and successful business transition for her clients.

Bio to follow

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)