This article posted on our partner site Mondaq.com discusses the enforceability of Employment Agreements executed shortly after an employee commences work.

The author uses a recent Ontario Court of Appeal case to confirm that Ontario courts will likely enforce written Employment Agreements signed after an employee starts working as long as the contract, first, is executed shortly after the employment begins and, second, does not contain any material terms that were not already included in a previous version of the agreement sent to the employee before starting work. The author, however, makes it clear that despite this decision employers are not advised to wait until after an employee commences work to execute an employment agreement.

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