Advertisement in trade magazine, launching of website establish prima facie breach of non-solicit agreement
In Hub International (Richmond Auto Mall) Ltd. v. Mendham, 2011 BCSC 1780, the BC Supreme Court found that a former employee's advertisement for his new marine insurance company in a trade magazine and the launching of his new company's website established a prima facie breach of the non-solicit agreement he had entered into with his former employer, Hub International.
Specifically, the court stated: read more »
Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation
In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.
Lauren M. Bernardi, a lawyer and human resource advisor with the Mississauga firm of Bernardi Human Resource Law, has prepared a list of the "10 Best Practices in Employment Law" (undated).
As further explained in the publication, her 10 best practices are:
- Use a complete hiring strategy.
- Use employment agreements.
- Use job descriptions.
- Use independent contractors only where appropriate.
- Implement employee policies.
- Use progressive discipline.
- Implement a harassment policy.
- Conduct performance evaluations.
- Document, document, document.
- Be fair.