Background Information

Abigail McIntyre is a business student at Lethbridge College and will be graduating April 2021

Works part-time during school for a regional trucking company called, Chinook Logistics Ltd. ("Chinook"), as a Supply Chain Analyst

Upon graduation, she is offered a full-time position as the Supply Chain Manager. Her first day at work in her new position will be June 14, 2021

Her job responsibilities will be similar to her current position, but will now include reporting directly to the Vice President, Operations

Her salary will be $70,000 annually. It will be paid bi-weekly.

She will be given the following benefits:

oVacation - 3 weeks (15 business days) of paid vacation. This will increase to 4 weeks (20 business days) after her 5^th year of employment

oHoliday - all stat holidays will be paid at the regular rate and she will not be required to work because the office will be closed.

oThe position offers overtime pay as per the Alberta Employment Standards Code

oHealth & Dental - she will be eligible to register for the company's health and dental plan immediately because of her past employment. Benefits registration will be during the month of January every year, and her first full month of employment.

oOther perks

She will be given a company credit card to be used for work purposes only

She will be paid an additional $50 per month for her cell phone

She will be invited to attend the annual corporate retreat that is held the last week of February every year. All expenses paid

Non-compete & Non-solicitation clauses

oAbigail will be restricted from contacting any current clients of Chinook for 1 year upon termination of employment. This also applies to soliciting other employees.

oThe non-compete clause will cover a 50 km radius around the City of Lethbridge

oAbigail will be prohibited from soliciting any current employees of Chinook for purposes of leaving Chinook for other employment

Remedies

oChinook is entitled to seek remedies in contract and employment law if Abigail violates any terms of the Employment Agreement.

Other Terms

oHer position will not have a probationary period because she is currently employed by Chinook

Assignment:

You are the HR manager for Chinook. One of your responsibilities at Chinook is to prepare Employment Agreements for all employees using the template provided. Based on the information provided above, as well as the Employment Agreement template that is found on Canvas, please prepare an Employment Agreement between Abigail and Chinook.Background Information

Abigail McIntyre is a business student at Lethbridge College and will be graduating April 2021

Works part-time during school for a regional trucking company called, Chinook Logistics Ltd. ("Chinook"), as a Supply Chain Analyst

Upon graduation, she is offered a full-time position as the Supply Chain Manager. Her first day at work in her new position will be June 14, 2021

Her job responsibilities will be similar to her current position, but will now include reporting directly to the Vice President, Operations

Her salary will be $70,000 annually. It will be paid bi-weekly.

She will be given the following benefits:

oVacation - 3 weeks (15 business days) of paid vacation. This will increase to 4 weeks (20 business days) after her 5^th year of employment

oHoliday - all stat holidays will be paid at the regular rate and she will not be required to work because the office will be closed.

oThe position offers overtime pay as per the Alberta Employment Standards Code

oHealth & Dental - she will be eligible to register for the company's health and dental plan immediately because of her past employment. Benefits registration will be during the month of January every year, and her first full month of employment.

oOther perks

She will be given a company credit card to be used for work purposes only

She will be paid an additional $50 per month for her cell phone

She will be invited to attend the annual corporate retreat that is held the last week of February every year. All expenses paid

Non-compete & Non-solicitation clauses

oAbigail will be restricted from contacting any current clients of Chinook for 1 year upon termination of employment. This also applies to soliciting other employees.

oThe non-compete clause will cover a 50 km radius around the City of Lethbridge

oAbigail will be prohibited from soliciting any current employees of Chinook for purposes of leaving Chinook for other employment

Remedies

oChinook is entitled to seek remedies in contract and employment law if Abigail violates any terms of the Employment Agreement.

Other Terms

oHer position will not have a probationary period because she is currently employed by Chinook

Assignment:

You are the HR manager for Chinook. One of your responsibilities at Chinook is to prepare Employment Agreements for all employees using the template provided. Based on the information provided above, as well as the Employment Agreement template that is found on Canvas, please prepare an Employment Agreement between Abigail and Chinook.

Using this information to complete the following blanks:

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT dated this _______ day of ______________________, _______[CH1]

BETWEEN:

___________________________________

(the "Employer")

OF THE FIRST PART

AND

__________________________________

of Lethbridge, Alberta

(the "Employee")

OF THE SECOND PART

BACKGROUND:[CH2]

A.The Employer agrees to employ the Employee upon the terms and conditions set out in this Agreement and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.

B.In carrying out his or her duties and responsibilities, the Employee shall comply with all policies, procedures, rules and regulations, both written and oral, as are announced from the Employer from time to time and carry out said duties and responsibilities in a diligent, faithful and honest manner.

C.The Employee agrees to be bound by and comply with the terms and conditions of this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the

parties to this Agreement agree as follows:

Commencement Date and Term[CH3]

1.The Employee will commence employment with the Employer on the _____ day of _________________, _________ (the "Commencement Date").

2.The probation period for the Employee will be _________ (****) days from the Commencement Date, under which, the Employer will have the authority to terminate the Employee's employment with or without cause.

Job Title and Description

3.The initial job title of the Employee will be the following: ______________________________.

4.The initial job duties the Employee will be expected to perform will include, but not be limited to, the following:

*****[CH4]

Compensation

5.The Employee's primary source of compensation will be ______________.[CH5]

6.An annual salary of $____________ will be paid to the Employee. The salary will be paid on a _______[CH6] basis in the amount of $__________, before tax.

7.In the event that the Employee is scheduled to work on a general holiday, the Employee will be paid at one and a half times the rate as described in Paragraphs 6 of this Agreement. In the event the Employee does not work on a general holiday, the Employee will be paid at her regular rate.

8.Overtime shall be calculated as per the rules set out in the Alberta Employment Standards Code which states __________________[CH7]

Employee Benefits

9.The Employee understands and agrees that any additional compensation paid to the Employee in the form of bonuses or other similar incentive compensation will rest in the sole discretion of the Employer and that the Employee will not earn or accrue any right to additional compensation by reason of the Employee's employment.

10.The Employee will be entitled to ________ weeks (___ days) of paid vacation [CH8]each year for the first four years of continuous employment and three weeks of paid vacation each year for every year of employment after four years of continuous employment. Vacation pay will be at a rate of 6% of the Employee's wages for the year of employment for which the vacation is given.

11.The Employee will receive ______________[CH9]

Conflict of Interest[CH10]

12.During the term of the Employee's employment with the Employer, it is understood and agreed that any business opportunity relating to or similar to the Employer's actualor reasonably anticipated business opportunities (with the exception of personal investments in less than 5% of the equity of a business, investments in established family businesses, real estate, or investments in stocks and bonds traded on public stock exchanges) coming to the attention of the Employee, is an opportunity belonging to the Employer.Therefore, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer.

18.During the term of the Employee's employment with the Employer, the Employee will not directly or indirectly, engage or participate in any other business activities that the Employer, in its reasonable discretion, determines to be in conflict with the best interest of the Employer without the written consent of the Employer.

Non-Competition

19.The Employee agrees that during the Employee's term of employment with the Employer the Employee will not, directly or indirectly, as employee, owner, sole proprietor, partner, director, member, consultant, agent, founder, co-venturer or otherwise, solely or jointly with others engage in any business that is in competition with the business of the Employer for a period of ____ year(s) within a ________ kilometre radius of _____________[CH11].

Non-Solicitation

20.The Employee understands and agrees that any attempt on the part of the Employee to induce other employees to leave the Employer's employ, or any effort by the

Employee to interfere with the Employer's relationship with its other employees would be harmful and damaging to the Employer.The Employee agrees that during the Employee's term of employment with the Employer and for a period of ____________ [CH12]after the end of that term, the Employee will not in any way, directly or indirectly:

a.Induce or attempt to induce any employee of the Employer to quit employment or retainer with the Employer;

b.Otherwise interfere with or disrupt the Employer's relationship with its employees;

c.Discuss employment opportunities or provide information about competitive employment to any of the Employer's employees; or

d.Solicit, entice, or hire away any employee of the Employer for the purpose of an employment opportunity that is in competition with the Employer.

21.During the term of the Employee's employment with the Employer, and for ___________ thereafter, the Employee will not divert or attempt from the Employer any business the Employer had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Employee's employment with the Employer.

22.The non-solicitation obligation as described in this Paragraph will be limited to employees who were employees of the Employer during the period that the Employee was employed by the Employer.

Confidential Information[CH13]

23.The Employee acknowledges that, in any position the Employee may hold, in and as a result of the Employee's employment by the Employer, the Employee will, or may, be making use of, acquiring or adding to information which is confidential to the Employer (the "Confidential Information") and the Confidential Information is the exclusive property of the Employer.

24.The Confidential Information will also include any information that has been disclosed by a third party to the Employer and is governed by a non-disclosure agreement entered into between that third party and the Employer.

25.The Confidential Information will not include information that:

a.Is generally known in the industry of the Employer;

b.Is now or subsequently becomes generally available to the public through no wrongful act of the Employee;

c.Was rightfully in the possession of the Employee prior to the disclosure to the Employee by the Employer;

d.Is independently created by the Employee without direct or indirect use of the Confidential Information;

e.The Employee rightfully obtains from a third party who has the right to transfer or disclose it; or

f.During the Employee's term of employment with the Employer, including but not limited to, any intellectual property, process, design, development, creation, research, invention, know-how, trade name, trade-mark or copyright that:

i.Was developed without the use of equipment, supplies, facility or Confidential Information of the Employer; and

ii.Does not relate to any actual or reasonably anticipated business opportunity of the Employer.

26.The Employee agrees that a material term of the Employee's contract with the Employer is to keep all Confidential Information absolutely confidential and protect its release from the public. The Employee agrees not to divulge, reveal, report or use, for any purpose, any of the Confidential Information which the Employee has obtained or which was disclosed to the Employee by the Employer as a result of the Employee's employment by the Employer. The Employee agrees that if there is any question as to such disclosure then the Employee will seek out senior management of the Employer prior to making any disclosure of the Employer's information that may be covered by this Agreement.

Injunctive and Cumulative Relief[CH14]

27.The Employee hereby acknowledges and agrees with the Employer that the Employee will gain a knowledge of and a close working relationship with the Employer's clients, which would injure the Employer if made available to a competitor or used for competitive purposes.

28.The Employee acknowledges and agrees with the Employer that the Employer has a material interest in preserving the relationships it has developed with its customers against impairment by competitive activities of a former employee. Accordingly, the Employee agrees that the restrictions and covenants contained in this Agreement are reasonably required for the protection of the Employer and its goodwill and that the Employee's agreement to same by execution of this Agreement are of the essence to this Agreement and constitute a material inducement to the Employer to enter into this Agreement and to employ you, and that the Employer would not enter into this Agreement absent such inducement.

29.The Employee acknowledges and agrees with the Employer that a breach by the Employee of any of the provisions of this Agreement would cause irreparable harm to the Employer, which would not adequately be compensated for by monetary damages alone.In the event of such a breach, or the reasonable apprehension of such a breach, by the Employee of any of the provisions of this Agreement, the Employee hereby agrees that the Employer shall be entitled as a matter of right to apply to a court of competent jurisdiction for relief by way of ___________, _______________, or ____________ [CH15]or otherwise as may be appropriate to ensure compliance by the Employee with the terms of this Agreement.

30.The remedies contained herein shall not be deemed to be the exclusive remedies for a breach of this Agreement by the Employee but shall be in addition to and not inclusive of or dependent upon the exercise of any other remedies available to the Employer at law or in equity.

Notices[CH16]

31.Any notices, deliveries, requests, demands or other communications required here will be deemed to be completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the following addresses or as the parties may later designate in writing:

Employer:

Name:_________________________________

Address:_________________________________

Phone:_________________________________

Email:_________________________________

Employee:

Name:__________________________________

Address:__________________________________

Phone:__________________________________

Email:__________________________________

Termination

32.The Employee may terminate his or her employment upon writing notification to the Employer. The Employee shall be required to provide a minimum of _____ days as notice to the Employer[CH17].

33.The Employee's employment shall be terminated upon the death of the Employee.

34.In addition, the Employer may terminate the Employee's employment pursuant to this agreement without notice or payment in lieu thereof, for "cause". For the purposes of this agreement "cause" shall include:[CH18]

a.

35.In addition, after the Employee has completed the probationary period, the Employer may terminate the Employee's employment pursuant to this agreement at its sole discretion for any reason, without cause, pursuant to Section 5 of the Employment Standards Regulation. [CH19]

37.At the time of termination, any money owing to the Employee by the Employer, including, but not limited to, any unused vacation days and sick days will be added to the Employee's final pay cheque.

38.At the time of termination, any money owing by the Employee to the Employer, such as staff accounts and parking stall fees, will be deducted from the Employee's final pay cheque.

General Provisions[CH20]

39.This Agreement will be construed in accordance with and governed by the laws of Alberta.

40.This Agreement constitutes the entire agreement between the parties with respect to the employment of the Employee and any and all previous agreements, written or oral, express or implied between the parties or on their behalf relating to the employment of the Employee by the Employer are terminated.

41.The Employee's obligations contained in Paragraphs 19-26 shall survive the termination of this Agreement.

42.In the event that any provision of this agreement is found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, such finding will not affect any other provision of this Agreement. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only as broad as is unenforceable.

43.The parties to this Agreement shall execute all such further and other deeds and documents promptly and when required and shall do or perform or cause to be done or performed all such acts as may be reasonably necessary to arrange and confirm the employment relationship in accordance with the terms hereof.

44.The parties hereto acknowledge and agree that they had the opportunity to receive independent legal advice prior to signing this Agreement and that they either received said independent legal advice or elected, in their sole discretion, to not obtain independent legal advice even though the opportunity was afforded them.

45.The waiver by either party of any breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation.

46.This Agreement and the provisions hereof shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns except that neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by any party without the prior written consent of the other party thereto.

47.Time is of the essence in this Agreement.

48.Any modification of this agreement must be in writing and signed by both the Employee and the Employer or it shall have no effect and shall be void.

49.The headings utilized in this agreement are for convenience only and are not to be construed in any way as additions or limitations of the covenants and agreements contained in this agreement.

IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on this

________ day of ______________________, ________.

EMPLOYER:

____________________

Per: _____________________________ (seal)

EMPLOYEE:

_________________________________

[CH1]The date inputted here is either the date the agreement is signed or the date of the employee's first day at work. Either date is appropriate.

[CH2]The "Background" section is often called "Recitals" and is an important part of a contract because it sets out the foundation of the contract often stating the parties desire to enter into a contract and their ability to enter into a contract.

[CH3]"Commencement Date" is the first date of employment. Probation periods are 90 days under the Employment Standards Code. A company can shorten that time frame (i.e. 30 or 45 days), but they typically cannot make it longer than 90 days.

[CH4]For this section, please research online about common job responsibilities related to Abigail's position and add up to FIVE (5) job responsibilities.

[CH5]The most common are salary, hourly wage, or commissions. This does not include bonuses or any other additional pay.

[CH6]This could be weekly, bi-weekly, semi-monthly, monthly, or annually.

[CH7]Please look up the Alberta Employment Standards Code on CanLii at https://www.canlii.org/en/index.html for this information and fill in what the law states.

[CH8]The Alberta Employment Standards Code provides a minimum of two weeks for the first 5 years of employment, however, employers can offer more paid vacation to new employees.

[CH9]Please list the additional benefits and perks that Abigail will receive. You can put them all in one paragraph or separate them out into different paragraphs.

[CH10]These are standard Conflict of Interest provisions in an employment agreement. Basically, it states that an employee has to be loyal to their employer and cannot do anything that would be in conflict with their employer.

[CH11]Please input the information provided in the Assignment sheet.

[CH12]Please input the information provided in the Assignment sheet.

[CH13]These are common provisions in an employment agreement. An employer/company wants to protect confidential information for their business and so these provisions are added to help protect that information and provide remedies to an employer/company.

[CH14]This section is where the agreement will state what remedies an employer can seek if the employee breaches the terms of employment (i.e. non-compete, non-solicitation, confidential information, etc.)

[CH15]Please at least THREE (3) remedies that you believe would be appropriate for breaching this contract. Refer back to the material we covered in Chapters 3 & 4, as well as info found in Chapter 6 on remedies.

[CH16]This section is used as a fall back plan if the parties are unable to provide notice in person, which is the preferred method of notice.

[CH17]Please refer to the Alberta Employment Standards Code on CanLii at https://www.canlii.org/en/index.html for information on the required number of days for an employee to give as notice to an employer

[CH18]Please input up to FIVE (5) examples of "cause" whereby the Employer can fire Abigail without having to provide notice or payment in lieu of notice.

[CH19]This paragraph gives the Employer the right to fire an employee without cause, but it does not remove their responsibility to provide notice or payment in lieu of notice.

[CH20]These provisions are what we call "boiler-plate" or standard provisions that are typically found in every Employment Agreement. They help provide general legal guidance to the parties.