Lexis Nexis The Executive Employment Contract
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Product description
Preparing the best possible contract between any two parties at senior levels of an organization requires a careful analysis of which issues should be specifically dealt with, given the circumstances and context. With the right contract, you have the opportunity to align the executive's goals with those of the employer, prevent misunderstandings, avoid conflicts, and result in both parties realizing their mutual and respective goals.
Providing unique coverage The Executive Employment Contract exclusively focuses on this increasingly important topic under Canadian employment law. It is key to understanding executive employment law and specifically, the contract as it pertains to executive managers and their relations with their employers. It will show you how to:
- Clarify the source of a right or an obligation either implied by the nature of the contract or contractually agreed to by the parties.
- Be aware of the obligations of the employer including the distinction between fixed-term and indeterminate contracts, the components of the pay package, and the obligation to protect the safety of the executive.
- Know the nature of the obligations of the executive such as competently executing the work agreed upon as well as acting loyally.
- Identify the duties of the parties upon termination of the contract such as the amount of notice each party must provide prior to ending the relationship, the list of possible damages that can be claimed, and post-employment obligations with respect to non-competition and non-solicitation.
The authors have had broad experience in the field of executive law. They have written collaboratively Executive Employment Law, a LexisNexis looseleaf publication, published since 1992. Now, with The Executive Employment Contract, they offer invaluable practical analysis based on both the common law and civil law of Quebec – analysis and advice that would have normally come at quite a substantial cost, when consulting professionals of this caliber.
An Essential Guide For
- Corporate counsel and human resource professionals – To effectively deal with and understand all issues with respect to employment contracts for executives and senior managers.
- Executives and senior managers – Who wish to understand the obligations and responsibilities stemming from the various components of an employee contract.
- Employers, including corporations – Who could benefit from employment contracts with their executives and senior managers.
- Investment and Pension Fund Managers – Who wish to understand the various mechanisms concerning at-risk salary plans such as bonuses, stock options, etc.
- Employment law lawyers – lawyers specializing in this field will find this to be a fundamental resource.
- Law libraries, public libraries, university libraries and faculties of commerce – as the definitive book on this subject, it is a must-read for anyone interested in or studying this aspect of the law.
Table of contents
Preface
Introduction – The Formation of the Employment Contract
Part I – Obligations Arising from the Employment Contract
A: Employer's Obligations
Chapter 1 – Provide the Work
Chapter 2 – Provide Remuneration
Chapter 3 – Safety of Executives
B: Employee's Obligations
Chapter 4 – Execute the Work
Chapter 5 – Loyalty
Chapter 6 – The Written Employment Contract and Some Specific Provisions
Part II – Termination of the Employment Contract
Chapter 7 – Termination of the Employment Contract
Chapter 8 – Damages Awarded For Wrongful Dismissal
Chapter 9 – Aggravated/Moral and Punitive/Exemplary Damages
Chapter 10 – Employer Recourses for Breach of Contract by Executives
Chapter 11 – Other Issues Concerning Wrongful Termination and Damage Awards
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