U.S. employment agreement ruled inapplicable after transfer to British Columbia

May 26, 2013 0 COMMENTS

By Katherine Pollock

A recent decision of the British Columbia Court of Appeal, Stanley v. Advertising Directory Solutions, considered the rights of an employee of a U.S. company who was working for a Canadian subsidiary when terminated. The court found she was entitled to notice or pay in lieu of notice upon termination according to Canadian law. This despite a written agreement with the U.S. parent that said she was employed at will.

The court ruled that an agreement with a U.S. parent company won’t permit a Canadian company, which is also the person’s employer, to avoid its obligation to provide reasonable notice or pay in lieu of notice of termination. read more…

Remote Control: U.S. Employees Based in Canada

October 26, 2009 0 COMMENTS

By Stephen Acker and Julia Kennedy

Gone are the days when a white-collar job always meant going into the office and occupying a cubicle from 9 to 5. New information technology and network capabilities have made the home office and telecommuting, if not commonplace, at least attainable for many. Employers have realized that they can have access to skilled employees from anywhere on the continent without the headaches of relocation or satisfying immigration laws. While the benefits of remote employment arrangements may be debatable, access to a rare skill set will often outweigh employers’ concerns about supervision.

And so we are in the age of the remote employee.

read more…