NEWS

PRESS RELEASES

1. EMPLOYERS UNDERSTAND VALUE OF EMPLOYEES

   Employment contracts are getting thicker, more complicated and employers are starting to use them more often. That’s something Brian Grosman has noticed, and the bulk of the added paper deals with restrictive covenants – clauses that prevent employees from competing with their employer and soliciting clients, suppliers and employees if their employment is terminated.

   “These have become very important as companies realize more and more that their only real asset is walking around the office and could potentially walk out the door anytime” , said Grosman.

   As a result contracts that in the past were two or three pages are now tipping the scales at 20 or 30 pages. Up to two-thirds of these longer contracts deal with restrictive covenants of one sort or another, he said.

   It’s now typical for restrictive covenants to include things like:

   ● a technical confidentiality agreement;

   ● non-solicitation clauses that prohibit the solicitation of clients, suppliers and employees; and

   ● non-compete clauses that state the employee can’t compete directly or indirectly with the former employer.

   And while they’re popping up in more contracts, courts have been dealing with them for years and, if the restrictive covenants are going to survive, the company must get over a number of “very substantial” hurdles, Grosman said.

   Courts have taken a dim view of non-compete clauses when they are combined with non-solicitation clauses, he said. That’s because, in most cases, the court will find the non-solicitation clause, on its own, enough to protect the employer’s interest.

2. Grosman, Grosman & Gale LLP announced this week (March 1st) that Sheryl Johnson has joined the law firm in order to practice her specialty, employment and labour law. Sheryl has practiced in this field with another law firm for a number of years. Her association with Grosman, Grosman & Gale LLP will bring not only her substantial experience in areas of practice which will add to the considerable expertise already part of the Grosman, Grosman & Gale LLP team. Sheryl is a top employment lawyer and the members of the law firm are pleased that she has made the decision to join us.
    
3. Brian Grosman, who has written seven books announced his upcoming book "The Pink Slip Chronicles" which will be published shortly. He pointed out that the introduction and the first chapter appear on the Grosman, Grosman & Gale LLP web page. To view the introduction and first chapter, click here.
    
4. The American Employment Law Council is holding their 12th annual meeting October 20th - 23rd, 2004 at the Breakers Hotel, Palm Beach Florida. The conference will be dealing with litigation strategies, and issues of employment and labour law. Key note speakers will be addressing compensation and adverse impact issues as well as discrimination law and management relationships in the 21st century.
   
   One of the sessions which Mr. Brian Grosman will be participating in deals directly with "Executive Agreements: Considerations in Designing Employment & Severance". Another session deals with Sarbanes-Oxley and the investigation of alleged senior-level corporate misconduct. The final session deals with what the human resources leader needs and wants from employment counsel.
    
5. M. Norman Grosman - Toronto Star - Sunday, October 10, 2004 - "There's nothing funny about losing your job. It ranks on the stress scale with the death of someone close" ...continued
    
6. The Canadian Institute’s 4^th Annual Advanced Forum on Employment Law, The Latest Legal Developments New and Proven Strategies for Avoiding Liability, took place on November 2 and 3, 2004 at the Sutton Place Hotel in Toronto. M. Norman Grosman, of Grosman, Grosman & Gale LLP was a co-chair of this conference. The conference dealt with the following critical issues facing HR managers and their advisors today:
   • How to safeguard against discrimination and harassment in the workplace
      
   • Best practices for protecting your organization against claims for wrongful dismissal
      
   • How much accommodation is enough?
      
   • Critical information for employers about claims for stress, depression, chronic pain and fibromyaligia
      
   • Can inappropriate use of the internet at work be just cause for termination?
      
   • Practical measures for preventing and dealing with violence and aggression in the workplace
      
   • What HR managers need to know about new potential criminal liability of managers and supervisors
      
   • Understanding what the Supreme Court of Canada’s recent approaches to termination for cause and bad-faith termination will mean
      
   • Employers’ new duties to benefit-plan members

Grosman, Grosman & Gale LLP
111 Richmond Street West, Suite 400
Toronto, Ontario  M5H 2G4
Telephone: (416)364-9599
E-mail: lawyers@grosman.com

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