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Drafting Employment Contracts
& Workplace Policies

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Employment contract drafting is the process of creating a legally sound employment agreement that clearly sets out the terms of the relationship — and protects your business if that relationship ends.

A well-drafted contract is not just paperwork. It is your first and most important line of defence against wrongful dismissal claims, expensive severance disputes, and departing employees who walk out with your clients or confidential information.

A poorly drafted one — or no contract at all — can cost you millions.

Why Employment Contracts Matter

Termination exposure — the single most important clause in any employment contract. A properly drafted termination clause limits what you owe an employee if you let them go. Without one — or with one that doesn’t hold up in court — you may face common law reasonable notice claims worth months or even years of salary.

Confidentiality — protecting your trade secrets, client lists, pricing strategies, and proprietary information from being used against you after an employee leaves.

Non-solicitation clauses — preventing departing employees from poaching your clients or recruiting your staff to a competitor.

Intellectual property ownership — ensuring that work created by your employees belongs to your business.

Bonus and commission structures — clear language around discretionary compensation prevents disputes over what was owed at termination.

How We Help

Step 1 — We understand your business. Before drafting, we learn about your industry, your workforce, your compensation structure, and the specific risks you want to protect against.

Step 2 — We draft contracts built for your situation. That is, agreements tailored to your business, your roles, and Ontario employment law as it stands today.

Step 3 — We make sure they hold up. Ontario courts regularly strike down termination clauses, non-competes, and other provisions that weren’t drafted correctly. We know what works and what doesn’t, because we also litigate these disputes.

Step 4 — We keep them current. Employment law in Ontario changes quickly. We help you update your contracts when the law shifts, so your protection doesn’t quietly expire.

Frequently Asked Questions

  • Do I need a different contract for different roles?
    Not necessarily a completely different contract — but certain clauses need to be tailored to the role, seniority, and compensation structure. A one-size-fits-all approach creates gaps.
  • What if an employee refuses to sign?
    This is a situation that requires careful handling. Forcing an employee to sign a new contract mid-employment without proper consideration can itself create legal liability. We advise you on how to implement new contracts correctly.
  • Are non-compete clauses enforceable in Ontario?
    Since 2021, non-compete clauses are generally unenforceable for most employees in Ontario — with limited exceptions. Non-solicitation clauses, properly drafted, remain a powerful alternative. We make sure your restrictive covenants are structured to actually hold up.
  • How often should we update our employment contracts?
    Any time employment law changes significantly — or when your business structure, compensation model, or workforce changes. We recommend a review at least every two to three years.

Contact Pinto Shekib LLP, Your Toronto Employment Lawyers

Call 416.901.9984 or email info@pintoshekib.ca for a confidential consultation.