I hope you were not expecting travel tips when you clicked on the link to this Blog. While I do have some (Curacao for scuba diving, Sun Peaks for downhill skiing) that is not what I want to talk about today. Today we’re talking about how employers handle vacations for their employees.

In Ontario, after working for one year, an employee may take two weeks vacation. In theory, the 4% per paycheque is growing in an account with the employer and when the employee takes that vacation, the 4% fund has the money drawn from it to cover the pay during that time. In reality, many employers allow an employee to continue working and simply pay out the 4%, either each pay cheque or as a lump sum at the end of the year.

Paying employees their money instead of requiring them to take time off is a bad idea. It’s bad for the employee as they do not get a break from work, which can lead to illness, stress and/or boredom. All of the latter items do not lead to productivity for the employer, which is why it is also a bad idea for the employer.

All employers should require that vacation be taken as such and should have rules in place as to how many weeks in advance the vacation must be requested. A smart employer will also have written rules regarding whose requests get priority – trust me, you don’t want to have to “come up” with a reason why Sally gets the vacation time instead of Jane.

Now. For all the talk above about employees, let’s talk about the employers.

Hey, you! The backbone of the Canadian economy. The people who put personal assets on the line to fund the business. The people who stay up at night worrying about the employees: you need a vacation too. A real one. One where you put on a do not disturb bouncer and do not deal with the office.

The business thrives when employers and employees are engaged and motivated to work. We all need to take vacations, so let’s get to it !

Inga B. Andriessen JD
iandriessen@andriessen.ca

On June 7, 2017 the Canadian Government wisely delayed the right of private prosecution under CASL. This was set to come into force on July 1, 2017 and would have allowed private law suits to enforce violations of the anti-spam laws.

The press release from the Canadian Government contains the following, promising wording:

“Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.”

CASL does not accomplish the goal that it set out to accomplish. CASL is not protecting anyone from Crypto Viruses (Ransomware) and cyber criminals are not going to respect any laws – that is why they are called criminals.

CASL certainly should never have been considered a way for “victims” to make a living suing CASL violators.

With the Government pressing pause on one aspect of CASL for now and reviewing it completely at the same time, this is a good opportunity for business to let its voice be heard. Write your MP, tell them what you want changed.

Let’s get rid of the personal liability aspect of CASL. This is our time to change the legislation.

Inga B. Andriessen JD
iandriessen@andriessen.ca

In Ontario, some significant changes are being proposed to the Employment Standards Act – the important words is “proposed” in that sentence, there is time for Employers to chime in with their thoughts. Our firm does not represent Employees in Employment Law issues, so our focus is solely on the Employer’s end of things.

The summary of the report, in my opinion, reads very much that Employers are evil and need to be reigned in by a more robust Ministry of Labour.

The reality is that we currently live in an age of Employment Law where the scale is already weighted very heavily in favour of the Employee. If an Employee is terminated without cause and without a contract limiting the amount of Notice of Termination they are entitled to, the Courts are consistently awarding at least one month for each year worked. That’s a lot of Notice for an Employer to pay out if they’re already downsizing for financial reasons.

Think the workplace is not weighted in favour of an Employee? Try navigating the challenge of terminating an Employee who claims to have a disability: have you accommodated them to the point of undue hardship? No, well, then you’re going to pay a lot.

Ensuring that Employees are not discriminated against and given fair Notice of Termination is already the law in Ontario.

Some of the new proposals include requiring Employers to pay for doctor’s notes if they require them. Really? Wow. That’s lovely and butts up nicely against the duty to accommodate disabilities which require Doctor’s input.

I recognize there are some bad apple Employers out there, but most of the Employers are looking to create a team of people who work with them to create a successful business. Let’s not punish the good apples for the bad behaviour of the bad apples.

Inga B. Andriessen JD
iandriessen@andriessen.ca

One of the things our firm is great at is helping businesses get paid. By the time we’re involved, it’s usually a litigation matter, however, we like to encourage businesses to take steps to protect themselves before it lands on our desks. This is why we created 30-60-90 Sue® – it’s our program to help you accelerate the collection of your receivables.

Without giving away all of our secrets, I’m happy to highlight a few ways you can do your part to get paid:

1. Get it in writing. If you’re selling a good or service over time, use a contract. If you’re selling something on the spot, provide a receipt.

2. If you are giving terms of payment, follow up immediately the day after those terms expire to see where your payment is.

3. Accept Visa, Direct Deposit and e-transfer: these methods are the path of least resistance for many and help get you paid faster.

4. Sue, particularly if you have a group of customers who know each other and talk to each other. Suing one customer will quickly bring the rest of your receivables into line.

We’re here to help you get paid: reach out if you need more info. Much of what we do collection wise is on a flat fee basis, so you know what your cost is before you take steps.

Inga B. Andriessen JD
iandriessen@andriessen.ca

Last week I enjoyed the privilege of Judging a High School Mock Trial tournament. I have been doing this for many years and it is a lot of fun. I don’t get paid for it (hence the volunteering part of this Blog post) and as a result I don’t get to bill for the time I’m volunteering and I’m fine with that.

What I’m not fine with is being attacked by a teacher coach, who is presumably being paid to be at the event, particularly when the teacher is upset about constructive criticism given to a team member who ran afoul of the tournament rules.

I’m sure that teacher is not going to read today’s Blog, but other teachers may and all I’m asking is that you appreciate the time that is being given up for the event to take place. You may not like the result. You may not like the feedback, but realize it’s a Mock Trial. There will be a winner and a loser. That is not the Judge’s fault.

No good deed goes unpunished. I’m thinking of adopting that as my new personal mantra.

Regardless, I’ll keep volunteering, because ultimately, it’s about sharing my passion and enthusiasm for the law with students and no cranky teacher is going to take that away.

Inga B. Andriessen JD
iandriessen@andriessen.ca

Ah, Independent Legal Advice (“ILA”) . That throw away line in many agreements where people sign saying they have had an opportunity to have it, but have chosen not to.

We recently had a great example of the right way to use ILA when we were retained to give ILA to a shareholder on a Shareholder’s Agreement that they had largely drafted on their own. Despite the fact that this shareholder had been the principal instructor to the corporation’s lawyer, and was intimately familiar with most of the terms of the agreement, the corporation’s lawyer still thought it would benefit all of the shareholders to get ILA – not just to waive it as I described in the first line of this Blog.

The shareholder was convinced that ILA would add value even if only to have a fresh set of eyes review the agreement. In our review, we offered more than that; considering various critical events from the shareholder’s individual perspective was very different than the perspective of corporate representative they had while preparing the agreement.

Getting independent legal advice is not cheap, but it is cheaper than being stuck with legal obligations you don’t understand and then have to retain a litigator to handle. If you are entering into an agreement of any significance (including potential future liabilities), you absolutely must have legal counsel review the agreement and confirm that your interests are protected (or that your unprotected interests are known to you). It’s that simple.

Inga B. Andriessen JD
iandriessen@andriessen.ca

As the person at the firm responsible for hiring at the firm, I see the cycles of hiring in the legal industry up close. Right now, it’s a tough time to be looking for a job as a newly Called lawyer: there are a lot of other newly Called lawyers looking for a job as well.

Having just completed a successful job search for a new associate position, I have some tips to offer to those still looking for positions:

1. Practice your handshake. I encountered both limp (ick) and really strong (ouch ouch ouch) handshakes. By the time you’re a lawyer, I expect you to have the whole handshake thing figured out.

2. Follow directions. Don’t phone me when the job posting says email your resume. You’re not impressing me. You’re annoying me. I’m not going to intentionally hire someone to annoy me.

3. Research the firm you’re applying to. This should go beyond the firm’s website. Do some digging on cases we argued. Show some interest. We know you’re interviewing at other places, but we’d like to feel important while we’re taking the time to interview you.

4. Don’t lie on your resume. A marathon is not a half-marathon. It matters. Seriously.

5. If you’re interested in the position, send a thank-you email for the interview. This matters more than you think. Over 20 years ago I could not decide between two equally fantastic candidates: I hired the one who emailed the thank-you.

6. Be nice to the reception staff. Odds are they have been told to report back first impressions. Make a bad one with reception, no matter how good the interview goes, it’s is still a knock against you.

7. Take heart, it was hard to find a job back in the early 90s too. When I was called to the bar (1993) it took me over three months of searching for a job. I came home particularly disheartened after one interview that was in response to an application for a Litigation Lawyer, which I had understood was to be an employee, but was in fact a situation where two solicitors wanted a litigator to start their own firm and support their litigation needs.

Thankfully, my then boyfriend, now husband of a zillion years, saw that position for the opportunity it was and when I was offered the opportunity, I took it and Andriessen & Associates, Business Lawyers began.

You will find a position or you will create a position for yourself. You cannot control the job market, you can just control how you present yourself to future employers.

You’ve got this !

Inga B. Andriessen JD
iandriessen@andriessen.ca

There is a sign in front of a cemetery I frequently pass by that says “Free Legal Will Kit – you don’t need a lawyer” outside the gates. I wonder about that cemetery. I wonder if they provide your loved ones with shovels when you pass away and say “have at it”. Then when you don’t dig down the legally required depth, they wait until the funeral is over and charge you to dig a deeper hole properly.

That sign is the legal equivalent to the horrific grave digging scenario I have sarcastically suggested above, but the legal situation is more expensive and possibly more horrific.

“Fill in the blank Wills” do not contemplate your personal situation. These templates also have a lot of room for error. At the time you write the will, you have two children, Jack and Jill and you want to leave your estate to your children (realizing you may have more in the future) so you decide to write out “I leave my estate to my children Jack and Jill.” After you sign the Will, you have a third child and never update your Will. Your third child is now frozen out of your estate.

Another possible scenario is when you use the Will Kit with the legal phrase, “I leave my estate divided equally between my “issue”. You’re not sure what “issue” is and you think you will look dumb if you ask, so you leave it. As in the scenario above, you have three children, Jack, Jill and Jr. and want to leave everything to them.

You pass away. At the funeral a child you never knew you had introduces himself to the rest of your family. That child is your issue. That child now shares equally with Jack, Jill and Jr. and you never meant for that to happen.

The above is just a Will scenario.

Our firm regularly sees problems with contracts, leases and other legal documents that people have put together without understanding them. Using a lawyer does not make you dumb, it makes you informed and it is far less expensive to have a lawyer draft a document that makes sense, than have a lawyer litigate a document that makes no sense.

You need us stinkin’ lawyers.

Inga B. Andriessen JD
iandriessen@andriessen.ca

You might think this Blog is about the Raptors (I’m still expecting them to pull off a series win and move on) but you would be wrong. This Blog is about the amazing group of people who work at our firm and in particular the Admin Professionals who we celebrate this week.

From the day I started the firm, I always aimed to work with people, not have people work for me. That philosophy has attracted people who are willing to speak their minds, knowing they will be heard, and willing to work hard, while still having a good sense of humour.

Law can be challenging, fast paced and small mistakes can have big consequences. We don’t run on perfection, but we always aim for it and our Admin Staff is incredible.

Thank-you Christine & Sarah for all you do to make our firm work efficiently – you are awesome !

Inga B. Andriessen JD
iandriessen@andriessen.ca

I’m not a criminal lawyer. Our firm does not practice criminal law. However, I recall in Law School we learned about the presumption of innocence in first year Criminal Law. Our Criminal Justice System holds this as a fundamental tenet. This principle matters: if you were charged with a crime, you would want to be presumed innocent.

With the above in mind, I was surprised to read that there is a “start by believing” campaign circulating around police forces in Canada. There was a Globe & Mail article detailing the campaign here: http://www.theglobeandmail.com/news/national/halifax-police-sign-on-to-start-by-believing-sex-assault-campaign/article34610504/.

This says to my legally trained brain that the police are now going to begin a sexual assault investigation with a presumption of guilt of the alleged offender. That’s contrary to our Justice system principles.

I’ve also noticed a big increase in articles about University campuses clamping down on having speakers into campus who hold views that uphold the principles of our Justice system. This is being done in the name of “protecting victims from being triggered.”
This is dangerous. We’re educating a generation of students to ignore our Justice system values and to put their fingers in their ears and cover their eyes when faced with a view contrary to theirs.

This is not healthy for our future and only can lead to nasty divisiveness as the new generation of University graduates will not be equipped to have a calm debate about issues in order to reach a compromise position.

Democracy requires a free and open exchange and debate of ideas in a civilized manner. Let’s get back to that.

Inga B. Andriessen JD
iandriessen@andriessen.ca