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Fixed-Term Contract Costs Employer $1.2 Million In Severance

Contracts-of-Employment-Solicitors1
Beware the fixed-term employment contact. That should be every employer's mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 ("McGuinty").

The McGuinty case has its roots in the sale of a third-generation family-owned business. Specifically, the Plaintiff in McGuinty had for many years owned and successfully operated a funeral home in North Bay along with his brother. After his brother fell ill, the Plaintiff elected to sell the funeral home to a new owner. As part of that transaction, the Plaintiff moved from owner to employee. He further entered into a ten (10) year fixed-term "Transitional Consulting Services Agreement" with the Defendant-purchaser, wherein he was recognized as a "key employee" of the funeral home going forward. The Plaintiff was paid an annual salary of $100,000.00 and provided a variety of other benefits.

Fixed-term employment agreements, like that entered into by the Plaintiff in the McGuinty case, are quite common following a sale of business. Purchasers often have an interest in seeing key staff members be retained for a set period post-sale to ensure their new business succeeds. Likewise, former owners-turned-employees and other vital workers who are to be transferred to the control of a purchasing party are often interested in security of tenure post-transaction.
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What to Do in an Active Shooter Situation

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The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.

It’s a sad fact of life in the 21st century that active shootings have become a regular occurrence in the United States. In other parts of the world, terrorist groups are using active shootings to, well, terrorize. While the media focuses on the firestorm of political debate these events cyclically create, I’ve rarely seen them discuss what people are actually supposed to do in these situations.

According to the FBI, active shootings in public places are becoming increasingly common. Which means it would serve everyone to understand how to respond if they ever find themselves in the line of fire.

Over the years I’ve talked to a lot of military, tactical, and law enforcement professionals who’ve spent their careers training and dealing with violent individuals: U.S. marshals, SWAT officers, and special forces operators. And I’ve asked them all this same question: What’s an average joe civilian like me supposed to do when faced with a gunman who’s indiscriminately firing on people?

They’ve all answered the same way.

In today’s article, I share expert-backed advice on how best to react if you ever find yourself in a situation with an active shooter. Learning how to survive a shooting is much like learning how to survive an airplane crash: such an event is statistically unlikely to happen to you, and simple chance may make you a victim before you’re able to take any volitional action. But if there are things you can do to increase your odds of survival even slightly, you ought to know and practice them.
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The perfect mustard

mustard
If you ask for mustard at a French bistro, you’ll get a strong Dijon, handmade in a little village three hundred kilometres away.

If you ask for mustard at a game at Fenway, apparently you’ll get Gulden’s.

Within a rounding error, all mustard costs the same. It’s not about the price. It’s about coherence with the story. When a Marriott brings you the little sealed bottle of fake dijon from Heinz, they’re not offering you mustard, they’re sending a signal about what they think is fancy.

And at the ball game, the yellow mustard in a giant pump tells a story as well.

Is one better than the other? It’s a matter of taste and context. Of course, I have a favorite mustard and a narrative about what’s appropriate in a given setting, and so does just about everyone else I know. But favorite is different than ‘right’. There’s no absolute scale. How can a mustard be yuppie? Pretentious? Down to earth? It’s simply a condiment.

And yes, there’s a mustard analogy in everything you do. In how you shake hands, in the typeface you use in your presentation (and whether you call it a ‘font’), in the volume you choose for your voice when in conversation.

Being in sync is a choice.
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Portion Control

vintage-kitchen-measuring-scales
That’s the two-part secret of smart eating–you don’t have to eat everything on your plate, and if you’ve got trouble with that, put less on the plate to begin with.

But the same rules apply in our daily lives. If a meeting is scheduled for an hour, you’re allowed to leave after ten minutes if you’re done.

The hard part isn’t ‘portion’, it’s ‘control’. Self-control is underrated.

The digital economy has created an endless buffet, and it’s easy to overeat. When confronted with infinity, is it okay to blink?

Portions are up to us.
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The Enforceability Of Employment Arbitration Agreements In Question

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Some employers include arbitration clauses in their standard form employment agreements as the arbitration process can be a confidential and cost-effective method of resolving legal disputes with employees. However, the recent decision by the Ontario Superior Court of Justice in Rhinhart v. Legend 3D Canada Inc., 2019 ONSC 3296 (Rhinehart), calls into question the enforceability of arbitration clauses in employment agreements. As a result, employers who utilize such should review whether they wish to continue to do so given their limited value in employment relationships. Read More...
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