CHAUDHRI: Even a negotiated employment agreement could be unenforceable

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CHAUDHRI: Even a negotiated employment agreement could be unenforceable
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Farah Rahman was CannonDesign\u0027s (a subsidiary of the Cannon Corporation) most senior Canadian employee.

She oversaw it’s Canadian operations and was the company’s Senior Architect, Principal and Office Practice Leader for over four years.

She used a lawyer to negotiate her contract in 2016. The negotiations were somewhat extensive and meaningful changes were made to her employment agreement by Cannon. Rahman accepted the improvements and signed the revised contract.Article content In particular, Rahman’s lawyer argued that her termination provision was invalid because the section relating to termination for cause didn’t meet the ESA minimum requirements. The termination for cause section did not provide for the payment of her ESA minimums unless willful misconduct was found.Article contentAt a summary judgment motion, Justice Dunphy dismissed Rahman’s motion. The judge found that Ms.

A key takeaway from this case is for executive employees to take a second look at their contracts on termination, even if the contract was closely negotiated. As the law of employment evolves, your entitlements could change and amount to more than you negotiated.

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