Tag: duty of loyalty

Consider Including These Key Terms in Your Well-Drafted Employment Agreements

You’ve found your ideal job candidate. The person has the skills and qualifications to perform well in the position you’re hiring him for, and he fits the mold and culture of your company. You’ve sent this person an offer of employment, and he has accepted. The offer may have provided a few details regarding the […]

Disloyal conduct may justify termination

by Mohamed Badreddine There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least […]

Employee solicitation: Do you have any recourse?

By Sébastien Gobeil We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have […]

Can Corporate Officers’ Duty of Loyalty Limit Their Right to Compete?

The Court of Appeal of Quebec recently overturned a decision of the Superior Court ordering former directors and officers to pay their ex-employer $3,185,148. The damages had been awarded for appropriating a business opportunity of the former employer and for having breached their obligations of loyalty and good faith under the Civil Code of Quebec. […]

Facing Up to Facebook and Other Social Networking Web Sites in the Workplace

by Brian Smeenk What if one of your employees reports to you he is very upset about what a coworker (“John”) wrote in a social networking web site about their boss? The statements are false and injure the boss’ reputation. If seen widely, they would be hurtful to the boss’ family. You are shown the […]

What Is an Employee’s ‘Duty of Loyalty’?

Samuel Goldwin, the legendary movie producer, was famous for lines like, “A verbal contract isn’t worth the paper it’s written on.” When he was dealing with employees, one of his favorite sayings was, “I’ll take 50 percent efficiency to get 100 percent loyalty.” What does that have to do with employment law? Loyalty. In the […]