Articles.
Commission Pay Structures
Many employers choose to set up commission pay structures for the purpose of remunerating their employees. Paying by commission is a perfectly valid method of remuneration but, often, employers don’t adequately define the commission pay stru...
Employers Still Falling Into Independent Contractor Trap
Obtaining services through the use of independent contractors, despite being more and more popular, continues to be a risky business strategy. The costs of having a so-called independent contractor deemed, after the fact, to be an employee can be ...
Five Things Managers Need to Know
Employers commonly give department managers the authority to make employment-related decisions for their own staff. Even when a company has an in-house human resources expert, decisions with legal implications may be made at the department level....
The Pitfalls of "Purchasing" Employees
The sale of a business can have a substantial emotional and practical impact upon the employees. The related legal issues for purchaser and vendor, and for their lawyers, are no less significant. Legally, the employment impacts of the sa...
When it Comes to Covenants, Less is More
I’ve written many times on the topic of the unpredictable impact of covenants restricting employees’ post-employment activities. What is certain about such covenants is the value of adhering to the “less is more” rule. ...
So Your Contract Contains a Restrictive Covenant
We are frequently engaged by individuals who have left an employment relationship – and are looking at new employment elsewhere – but are concerned about the impact of restrictive covenants they accepted as part of that prior employmen...
Employees, Contractors, and In-Betweens
In the employment world there are employees, contractors, and what I call in-betweens. The category into which an individual falls will have a substantial impact on his or her entitlements upon the termination of the relationship. Basic...
Employment-Related Tips for New Businesses
Establishing a new business, or buying an existing one, is an experience which can be rewarding and productive. It can also be painful and costly. For people who are new to business, or new to the concept of hiring service providers (emp...
Getting Agreements Signed Before the Relationship Commences
Perhaps the most common error I see businesses trip over – aside from not implementing contracts at all – is asking the employee or contractor to sign an agreement (contract) after the commencement of the relationship....