A One-Stop Source For Your Employment Contract Law Needs
Employment contracts can take the form of anything from simple letters to formal contracts with complex clauses. A professional with experience in drafting can craft a well-written contract that averts future liability or suggest amendments which can clarify and balance the parties’ obligations in a proposed agreement.
The lawyers at Overholt Law LLP have a solid reputation for drafting a wide range of employment contracts. Our Vancouver-based firm uses the deep knowledge and skills gained through years of practice to protect clients’ best interests.
Restrictive Covenant Expertise
For employers, drafting restrictive covenants is a complicated endeavour. Presumptively unenforceable, careful drafting is needed to increase the probability that these clauses will be enforced. As for employees subject to them, these restrictions can have a deep impact on future employment and it is prudent to seek professional advice.
Our lawyers have a long track record of advising clients about significant restrictive covenant clauses. For employees, who are bound by restrictive covenants, we provide advice about their rights and obligations. We explain the issues and help you negotiate with your employer.
We offer proactive advice to you to prevent you from making the mistakes that can lead to litigation, such as clauses that should be re-negotiated or excluded. Our goal is for you to understand clearly what you are signing and how you can meet your obligations under the contract.
Employment Contracts And Independent Contracts — The Difference Matters
If a question arises as to whether an individual is an employee or an independent contractor, one key indicator is the wording of the contract governing the relationship between the parties. In general, employees are entitled to benefits that independent contractors cannot access, and their employment tends to be more secure. Where an employer has structured the relationship as an independent one, but the worker is actually deemed an employee at law, the employer faces significant risk of claims and penalties.
We strive to provide clarity where a worker’s status is in question and will advise on next steps to help our clients navigate these complex determinations. We can also add significant value at the commencement of the working relationship by helping your company structure the relationship with the worker in the right manner from the start. A well-drafted contract is a useful way to lay the framework, clarify obligations, and mitigate the risk of claims later.
Schedule A Consultation With Our Law Firm
“He Said, She Said: Why your firm should have written employment contracts”, BCLMA Topics Newsletter, Summer 2014 edition
“The Impact of a Sale of Business Assets on the Contract of Employment” — co-authored with Carman J. Overholt, Q.C., for CPABC in Focus Magazine, September/October 2016 edition