How to Use Employment Contracts to Keep Your Company Out of Court


Benefits of This Program:

  • Clearer rights and expectations of all parties from the outset to ensure fewer problems
  • Effective use of employment contracts to save time, trouble, and money, avoid law suits, reduce employee termination costs, and protect company assets or property when an employee leaves


  • How to use contracts for maximum certainty and flexibility
  • What forms a contract can take and proper procedures to create them
  • Importance of representing the job accurately and avoiding potential exposure for negligent misstatement
  • Why contracts can be set aside and how to avoid the pitfalls
  • How to improve the chances that restrictive clauses are enforceable
  • Components of the contract: basics, restrictions, and special issues


Introduction: Why Use Employment Contracts

  • Limiting liability
  • Who do contracts apply to
  • Relationship between employment contracts and statute law

Forms of Employment Contracts

  • Applications for employment
  • Employment letters
  • Conditional offers
  • Separate agreements

Using Employment Contracts

  • When to propose employment contracts
  • Allowing time for review
  • Getting contracts signed
  • Negotiating terms
  • Extra-contractual representations

Amendments During Employment

  • Consideration
  • Notice
  • Employee relations issues

Creating An Independent Contractual Relationship

  • Differences between contractor and employee
  • Advantages and disadvantages of the relationship
  • Termination and other special issues for contractors

Part 1: The Basics: Components of the Contract

  • Defining terms or tasks
  • Duties and expectations
  • Wages and benefits
  • Termination of employment (employee termination)
  • Defining just cause
  • Defining separation package
  • Varying from “reasonable notice”
  • Resignation and retirement

Part 2: Restrictions: Components of the Contract

  • Addressing confidentiality and defining confidential information
  • Defining obligations
  • Creating exceptions
  • Prohibiting competition after termination
  • Considerations
  • Defining the prohibited activity
  • Geographic scope
  • Duration
  • Remedy
  • Procedural issues
  • Prohibiting solicitation of employees and customers
  • Ownership of inventions and intellectual property

Part 3: Special Issues: Components of the Contract

  • Inability to work
  • Privacy issues
  • Changes of control and the senior executive
  • Retention bonuses
  • Varying from Employment Standards
  • When approval of the Director of Employment Standards is needed and how to get it
  • Relationship between employment contracts and releases

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact:

Program Administrator
Tel: 416-862-1616 or 1-866-821-7306