Legal considerations Flashcards
what legal act outlines the employer-employee relationship?
The Employment Standards Act (Ontario)
> vastly in favour of the employee
how do employees and employers enter a business relationship?
- Contractual employment relationship with employer
- Verbal versus written employment agreements
Under the Employment Standards Act (Ontario) employee rights include:
- Vacation pay
- Statutory holidays
- Notice, or severance pay in lieu of notice, upon termination
do we want a verbal or written employment agreement?
written!
- if theres a problem you want to be able to go to your contract and point it out
What typically goes into an employment agreement?
- who is the employee and who is the employer
- vacation pay
- statutory holidays
- Notice, or severance pay in lieu of notice, upon termination
what three things do you need to form a contract?
offer, acceptance, consideration
> consideration is some form of exchange between the parties, eg. a penny
how much notice do you need of termination under the employment standards act?
1-8 weeks, depending on the amount of time you’ve been employed
Two ways to get terminated
- termination for cause
> very difficult to fulfil this criteria - termination with notice or pay in lieu of notice
what are restrictive covenants? which are prphibited?
- Non-Competition*
- Non-Solicitation
- Non-Disparagement
*Non-Competition covenants are prohibited under the Employment Standards Act (Ontario) through amendments introduced by Bill 27, the Working for Workers Act, 2021 (Ontario)
> but are enforceable in the case of a sale of a business
employment agreements basic purpose
- Important for understanding the nature of the relationship
- Provides certainty with respect to the terms of the agreement
Legal test for identifying an independent contractor relationship? primary benefit?
- Control
- Ownership of Tools
- Chance of Profit / Risk of Loss
- Integration
Primary Benefit: Tax Purposes
are locums covered by the employment standards act?
no
what happens with practice ownership - incorporation vs partnership? what are advantages of professional corporations?
- go through CVO, they have their rules
1. Professional Corporations
a) Creditor Protection
b) Tax Advantages
2. Financing Considerations:
a) Financial Institutions (Banks)
b) Personal Loans
where to go for loan to open practice?
not local branch! bank healthcare group
3 considerations when opening a practice
- Employees
- Commercial Lease Agreements
> assumes you are a sophisticated party
> commercial contract
> square foot amount, term of lease, renewal options - Equipment
> know obligations with eg. IDEXX for lab equipment, may have contracts
