If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors. The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.
Matt Chapman is an employment, labour and contracts lawyer whose practice encompasses all aspects of employment and human rights law. He works with both employer and employee clients to find a smooth and positive solution or resolution to workplace law matters.
In 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.…
The sensationalism surrounding ChatGPT that has developed since its launch on November 30, 2022, has been fascinating to observe. For the uninitiated, ChatGPT is an artificial intelligence (“AI”) chatbot that provides detailed responses based on conversational prompts from the user. It will compose pretty much anything you ask it to – whether it be an e-mail or an essay – and it will do so in a matter of seconds.
ChatGPT quickly made headlines following its debut as students started using it to do their homework assignments and journalists responded with shock as they tested its ability to write news articles for them. The sentiment from some vocal sources was negative and painted a dire picture regarding the impact ChatGPT could have in education and various industries – including legal services. …
Buying a Business
This post will explore some of the employment law issues that should be considered if you’re purchasing a business. Employment law-related factors to review when selling or closing your business were covered in Part I.
This post focuses on businesses with non-unionized workforces. Unionized workplaces have their own distinct issues that must be addressed when purchasing a business and a lawyer should be consulted regarding those as well.
Strong entrepreneurial spirits truly are critical components of any healthy economy. Many people dream of being their own boss – directing the growth of a company and taking an active role in their own future prosperity while providing a product or service that they are passionate about. Purchasing a business with an established business model and customer base can be a great way to give yourself a head start on these goals, but it’s essential to consider all of your possible risks and liabilities when doing so. Completing a fulsome review of your potential employment law risks as part of your due diligence is the best first step to protecting your investment. You can’t know what other actions will be helpful without taking this initial step. …
Selling 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.…
Continue Reading Selling, Closing, or Buying a Business? Consider Your Employment Law Liabilities! (Part 1)
Ensuring 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.…
Continue Reading 5 Common Contracting Mistakes Made by Employers
In 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.”…
Continue Reading How Long Can an Employee Dispute Compensation Changes?