Drafting 101: Employment-related Agreements 2024

Product Type: Course

Format

Courses - Webinar

Start Date & Time

2024-12-04 9:00 AM

End Date & Time

2024-12-04 12:30 PM

Online Provider

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Format

Courses - Rebroadcast

Start Date & Time

2025-03-06

End Date & Time

2025-03-06

Online Provider

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DescriptionMore DetailAgenda

Drafting tips for the non-employment lawyer

Wednesday, December 4, 2024
9:00 am – 12:30 pm
via webinar only

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Jump Start on CPD 2025
Thursday, March 6, 2025

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Who should attend: Lawyers and in-house counsel who do not specialize in employment law, but advise clients on employment-related issues from time to time. This course may also be of interest to lawyers who are new to employment law.

Learning level: Fundamental

This program will provide you with a solid foundation for drafting employment-related agreements. Our speakers will walk you through sample clauses, providing drafting tips and practical advice on:

the pros and cons of using employment agreements vs. independent contractor agreements
how to draft proper notice clauses and mitigation clauses
how to draft restrictive covenants – what are they, how to use, and how do they interact with other clauses in the contract
best practices when providing standard form employment agreements for clients
how employment agreements interact with workplace policies and other legislation, such as the Employment Standards Act and Workers Compensation Act

Law Society of BC CPD Hours: 3.5 hours (this course will contain a minimum of .25 hours pertaining to professional responsibility and ethics, client care and relations, and/or practice management)

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

Pricing	EARLY BIRD Register by Nov. 6/24	Regular Price After Nov. 6/24
Live Webinar	$319	$359
Live Webinar Articled Student	$179	$179

Jump Start 2025	EARLY BIRD Register by Feb. 3/25	Regular Price After Feb. 3/25
Rebroadcast	$279	$319
Rebroadcast Articled Student	$159	$159

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount* to all Indigenous lawyers/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members. (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

Unable to attend a course without financial assistance from CLEBC?
Click here for bursary information.

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Check out our Easy Pay Plan.

Registration includes an electronic copy of the reference materials.

CLEBC Program Lawyer*
Genevieve Chang (she/her)
gchang@cle.bc.ca
*non-practising

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

About the Course Chairs (photo and bio for Kemily Ho to follow)
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.

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)

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Drafting 101: Employment-related Agreements 2024

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