Re: Timothy Thomas - Employment Letter

From
Lucas Motro <lmotro@homecareassistance.com>
To
Timothy Thomas <tt@homecareassistance.com>, Tim Thomas <tthomas@homecareassistance.com>
Date
Fri, 22 Jan 2021 15:04:34 -0500
Folder
INBOX
--00000000000027b2e305b982b3df Content-Type: multipart/related; boundary="00000000000027b2e205b982b3de" --00000000000027b2e205b982b3de Content-Type: multipart/alternative; boundary="00000000000027b2e105b982b3dd" --00000000000027b2e105b982b3dd Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Timothy, Tim, See attached. Section 15 - We are not able to change the job changes flexibility section. Section 11c - We could not remove the section but were able to incorporate your attorney's proposed revision. We will update for both of your agreements. Please confirm that these are otherwise acceptable before we generate the Docusigns, so that we do not have to generate multiple times. Thanks guys, Lucas On Fri, Jan 22, 2021 at 11:02 AM Timothy Thomas wrote: > Hi Lucas, > > Can you address the comments from my attorney below. > > Thank you, > Tim > > ---------- Forwarded message --------- > From: Michael Gaon > Date: Fri, Jan 22, 2021 at 8:26 AM > Subject: RE: Timothy Thomas - Employment Letter > To: Timothy Thomas , Tim Thomas tthomas@homecareassistance.com> > > > Here are my thoughts on the employment agreement, Timothy: > > > > > -the right of the employer to terminate your position without cause at > section 11 (Termination) is highly irregular as it is generally never > expressly provided for, since there is no such right at law. Terminatio= n > without cause gives rise to numerous rights at law and under applicable > statutes. As management however, the Labour Standards Act does not appl= y > to you and therefore your recourses would not arise under such legislatio= n > but rather as a general recourse under the Civil Code of Quebec. The > clause should be deleted, failing which it should be revised to read as > follows: > > > > =E2=80=9C(=E2=80=A6 where applicable, and any other entitlements you may = have at law, > including such remedies as may be available to you under the Civil Code o= f > Quebec as well as those specifically required under applicable provincial > employment standards legislation.=E2=80=9D > > > > -the last line of Section 15 (Job Changes) should be deleted (or struck > and initialed by both parties) as it provides the employer with the right > to change your position at any time. This is not appropriate for your > management position; > > > > > > Yours truly, > > > > > *Michael Gaon *Associ=C3=A9 / Partner > 514-878-2861 ext. 115 > *mgaon@kklex.com * > > [image: kkemail] > > > > > > > > > > *From:* Timothy Thomas > *Sent:* January-21-21 9:16 PM > *To:* Michael Gaon ; Tim Thomas tthomas@homecareassistance.com> > *Subject:* Fwd: Timothy Thomas - Employment Letter > > > > Hi Michael, > > > > Please see attached. > > > > ---------- Forwarded message --------- > From: *Lucas Motro* > Date: Thu, Jan 21, 2021 at 8:52 PM > Subject: Timothy Thomas - Employment Letter > To: Timothy Thomas > > > > Tim, > > See attached for your employment letter. You should also have just > received it via Docusign. >