Here are 2 more testimonials from dentists who recently engaged DMC LLP:
Testimonial #72 from a dentist who hired DMC LLP to help them sell their practice:
“A thought of selling our dental practice was, in the contemplation phase, a daunting task for us. After attending various seminars dealing with the topic, we became increasingly aware of the different attitudes and benefits the presenters offered. It was DMC LLP that saw a possible solution to each of our perceived problems. Combined with a positive attitude, turnaround speed, and significantly lower final cost, made possible by eliminating a broker, we made the choice of entrusting DMC LLP with the sale of our practice. DMC LLP proved that our choice was 100% correct. They made things happen, delivering more then expected. It is called ‘exceeding expectations'”.
Dr. J. and her spouse
Testimonial #73 from a dentist who hired DMC LLP to help them negotiate an associate agreement:
“Hi Ljubica. Thank you for your expertise and help with the Associate Agreement. Your prompt responses and invaluable suggestions were very much appreciated. The entire experience was truly a pleasure and I look forward to benefitting again in the future from the excellent services provided by yourself and the team at DMC.”
Click HERE to read all of our testimonials.
You’ve probably read Michael Carabash’s blog about employee liability. If not, here it is. If you ARE looking to present new contracts to your existing staff, HOW MUCH notice are they entitled to? Well, the answer, as is usually the case with the law, is: IT DEPENDS. And the first “it depends” is this: do you already have a contract with your employees and what does that contract say about notice requirements?
If you already have a written contract with your employees, then the main thing to look for in the contract is the “termination” provisions. In other words, you need to find out what the contract says about how you can end the employee / employer relationship. If the contract says that the employee is entitled to termination notice or pay in lieu of notice in accordance with the Employment Standards Act, 2000 (often referred to as the “ESA“), then, in order to present a new contract, you must give the employee either notice or pay in lieu of notice in accordance with the ESA which is as follows:
|Employment Period||Notice / Pay In Lieu Owed|
|1 year or less||1 week|
|1 – 3 years||2 weeks|
|3 – 4 years||3 weeks|
|4 – 5 years||4 weeks|
|5 – 6 years||5 weeks|
|6 – 7 years||6 weeks|
|7 – 8 years||7 weeks|
|8 years or more||8 weeks|
If you do not already have a written contract with your employees, then the courts in Ontario have said that depending on certain criteria, each employer may owe much more than the minimum standards laid out in the ESA.
Some of the criteria include: the age of the employee, the position of the employee, the likelihood that they will find comparable work in a reasonable amount of time, the economic climate at the time, etc.
Despite all these criteria, there is a general trend that has appeared in the case law surrounding the issue of notice: Generally speaking, employers will owe their employees 1 month of notice up to a maximum of up to 26 months, depending on the circumstances.
Lets presume that you have decided to present your staff with new employee contracts. You have one employee who has worked with you for 20 years and has a contract that limits your liability to the ESA (lets call her Lisa) and one employee who has worked with you for the same amount of time but has no written contract (lets call her Mary).
In order to present Lisa with a new contract, you will have to give her 8 weeks of notice or pay in lieu of notice.
By contrast, Mary will require 20 months of notice if you want to present her with a written contract.
That’s a huge difference, right? That’s why we always recommend that dentist employers protect themselves by ensuring they have proper written contracts with each of their staff.
NOTE: Independent contractors are not employees and are not entitled to the same minimum/maximum standards as employees.
If you would like to read our tips and tricks when it comes to presenting staff with notice, click here to read more.
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, contact me (Ljubica Durlovska), David Mayzel or Michael Carabash. We are your legal dental team.
Here’s the latest article which Ljubica Durlovska (DMC LLP’s employment law lawyer) and I wrote and published in the July / August 2015 edition of Ontario Dentist magazine:
This Sunday, May 17, 2015 at 11:00 a.m., fellow dental lawyer Ljubica Durlovksa and I will be presenting to a room-full of dentists as part of an all-day seminar entitled “BEST DENTAL PRACTICE MANAGEMENT SYSTEMS“.
Here are the pertinent details:
Seminars will be held at 8953 Woodbine Avenue from 11 a.m. to 4 p.m. and are eligible for the RCDSO Continuing Education and AGD credit. Free parking, breakfast and lunch will be provided. Free enrollment with AGD Membership, Non-AGD Members pay $88/per person. You can register here.
Employment law lawyer Ljubica Durlovska and I will be educating dentists about:
See you there!
I am pleased to announce that I am co-authoring an article with fellow dental lawyer Ljubica Durlovska for the July / August edition of Ontario Dentist magazine. The article deals with a dentist’s obligations to accommodate employees with family obligations. You can click HERE to read all of our published articles that appear in Ontario Dentist and Oral Health Office magazines.
David Mayzel is your legal risk manager. He is a trained courtroom lawyer and has spent many years resolving disputes both in and out of court. He knows how to prepare documents and execute transactions in a way that avoids or mitigates legal risks. He can be reached at 416.528.5280. or email@example.com.
Michael Carabash is your business law adviser. He is an entrepreneur at heart who helps you see the big legal picture. He drafts clear and effective agreements that protect your rights while promoting your interests. He can be reached at 647.680.9530. or firstname.lastname@example.org.
Ljubica Durlovska is your transition lawyer. She helps you with staff and associates, maintaining your corporation, and other business matters. She can be reached at 416.443.9280, extension 206 or email@example.com.
Jonathan Borrelli is your employment lawyer. He helps you with staff and associates matters, including hirings, terminations, switching staff to written contracts and resolving disputes. He can be reached at 416.443.9280, extension 204 or firstname.lastname@example.org.
Benjamin Kong is an experienced business law clerk. He assists David and Michael with corporate matters and purchase / sale transactions. He can be reached at 416.443.9280, extension 207 or email@example.com.
Julie Whitehouse is an experienced business law clerk. She assists David and Michael with corporate matters and purchase / sale transactions. She can be reached at 416.443.9280, extension 203 or firstname.lastname@example.org.
David, Michael, Ljubica, Jonathan, Ben and Julie are a truly dynamic team. Their diverse knowledge, skills, and experiences will help you get the best deal possible while promoting your interests and protecting your rights. You can read dentist testimonials here.