Selling, Closing, or Buying a Business? Consider Your Employment Law Liabilities! (Part 1)

Selling or Closing a BusinessSelling and Closing

In this post, we’ll explore a few key employment law considerations for business owners considering the sale or closure of their business. This will be followed by Part II, in which we will examine some of the employment-related legal issues that should be reviewed when purchasing a business. 

This post focuses on businesses with non-unionized workforces.  Unionized workplaces have their own distinct issues that must be addressed when buying or selling a business and a lawyer should be consulted regarding those as well.

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5 Common Contracting Mistakes Made by Employers

Common Contracting Mistakes Made by EmployersEnsuring that you have succinct, legally compliant, and up-to-date contracts in place is one of the most important things an employer can do to start off on the right foot with a new employee.  It also helps to avoid legal headaches down the road, should the employment relationship not work out.

Bosses and managers are busy and budgets can be tight, leading businesses to sometimes cut corners when it comes to contract templates. Below are 5 of the most common contracting mistakes employers make that can come back to bite them later.

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How Long Can an Employee Dispute Compensation Changes?

Constructive Dismissal Claims DeadlinesIn the recent Court of Appeal decision in Kosteckyj v. Paramount Resources Ltd. 2022 ABCA 230 (CanLII), the court considered the possibility that specific timelines could be imposed on employees for voicing dissatisfaction with unwelcome changes to the terms of their employment if they want to subsequently argue that they’ve been constructively dismissed.

What Typically Triggers a Constructive Dismissal Claim?

Constructive dismissal arguments often follow unilateral changes made to an employment agreement by the employer.  When an employee alleges a constructive dismissal after a change, they’re essentially saying that the change cuts so deeply to the core of the employment relationship that they’ve been forced to leave: “I’m quitting, but you made me! … and by the way, you have to now compensate me as if you’d fired me.”

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