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The Power of An “If You Get Another Job Clause”

termination clawback clauseIn recent months, we have seen a spike in group terminations. For HR professionals this often means a packed schedule of the worst-of-the-worst meetings. In our recent blog post, we discussed terminations with softer landings (and less chance of disputes and litigation), and bigger-picture best practices for those difficult exits. In this blog, we zero in on an aspect of severance package drafting.

In the process of structuring severance packages for (too many) employees, we’ve noted that some employers have forgotten about a handy clause that can lead to a win-win post-termination scenario for both employers and employees. However, the clause gets a bad rap because it is colloquially known as a “clawback clause” and can be misinterpreted as a sinister employer strategy.

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Does Your Workplace Need an AI Policy?

AI Policy for BusinessesIn the digital era, artificial intelligence (AI) is becoming increasingly intertwined with our daily lives, especially in the ways we do our work. From voice assistants to chatbots to art generators, AI has found its way into various industries, transforming the way work gets done. As AI continues to advance, it raises important questions about its ethical implications and potential impact – good and bad – on the workplace.  The bad should not be ignored.  How much damage might be done to your organization if AI was not used responsibly by an employee?

I’m sure many in the legal industry are familiar with the recent news stories about the New York lawyer who relied on ChatGPT to assist with his research and drafting.  The chatbot provided the lawyer with case law precedents that simply did not exist.  The AI system entirely fabricated the cases.  The lawyer did not verify this information and attempted to rely on these cases in court to a disastrous and embarrassing result.

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Canadian Employment Law for US Employers: Part 1 – Backgrounder

US Employers' Guide to Canadian Employment LawsAre you a US employer with operations in Canada? Welcome and bienvenue to this blog series written just for you. Our Canadian virtual employment law firm advises many US employers who have employees and contractors in Canada. I love this conversation. We’re neighbours who share so many similar cultural values, pop culture references and the world’s longest unsecured border.  And yet there are fundamental differences in our countries’ respective workplace laws and workplace culture. It often catches our US employers by surprise and triggers very expensive moments in the employment relationship.

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Equal Pay for Equal Work – Everything You Need to Know About Pay Equity in Your Workplace

Discover your obligations as an Ontario employer under the Pay Equity Act, including understanding equal pay for equal work, applicable exemptions, and the consequences of non-compliance.We’ve all heard about pay equity but what does that actually mean in a workplace? And as an Ontario employer, what are your obligations around reaching and maintaining pay equity? One this is for sure, outside of a huge financial risk, you also do not want to be known as an employer who is not paying their employees equally. Here’s everything you need to know about your obligations under the Pay Equity Act.

What is Pay Equity? 

Pay equity means equal pay for work of equal value. This means employees who perform substantially the same kind of work in the same establishment,  which requires substantially the same skill, effort, and responsibility and under similar working conditions should be compensated equally, regardless of gender. All of these conditions must be met for equal pay for equal work to be required.

But of course, there are some exceptions. Even if all of the above conditions are met, a difference in pay can apply due to seniority (length of service), merit (how well they perform at their jobs), or systems that measure earnings by production or quality (promotions based on exceeding sales, etc.). The difference in rate of pay includes hourly or salary pay rates, overtime pay rates, and commission rates.

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Welcome Mandeep: New Marketing Manager at SpringLaw

  • June 12, 2023
  • News

We are so excited to introduce the newest member of the SpringLaw family, Mandeep Suri.  Mandeep is our new Marketing Manager, overseeing the firm’s marketing and communications. As SpringLaw continues to grow and evolve, Mandeep will be critical to promoting our innovative integrated legal solutions. Mandeep is a creative thinker and has spent her professional career developing and executing global marketing campaigns using a variety of media that bring a company's story, values, vision, and…

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Cover Your Assets: Why Having a Witnessed Release is Your Best Defense Against Future Legal Woes

Witnessed Release is Your Best Defense Against Future Legal WoesSo you’ve finally settled a dispute with a former employee who had alleged a wrongful dismissal or discrimination. You’ve drawn up the papers to confirm the fact that the matter is settled. Now, all you need are signatures on the dotted lines. Whose signatures exactly?

Parties

When settling a dispute with a former employee, the parties involved should sign the release –  you know, those documents filled with legalese stating that that the employee/releasor releases the employer/releasee from all claims arising out of the employment relationship, termination thereof, et al. – to make the settlement legally binding. These signatories typically include the former employee and sometimes a representative from the employer, such as a human resources manager or CEO.

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