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I have another round on the agreement with former contractor…

Hi Debra,I have another round...
Hi Debra,I have another round on the agreement with former contractor Nora and would like to ask your views. Thanks so much, Gwen Colman
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Answered in 1 hour by:
3/22/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Please update me. I cannot answer back for a while but will for sure later on this evening.

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Customer reply replied 3 months ago
Thanks Debra. Well, as you recommended, I got a friend who is a lawyer to help draft the settlement agreement to use the language of "independent contractor" instead of "employee" and it was duly delivered to her. Her lawyer (or it appears to be the legal assistant) sent a reply with changes to the document, specifically: the section on indemnity contains the word employment; the rest of the document uses the wording "contractual relationship" in order to "neutralize" the document; the covering letter has a very nasty paragraph about the ED (me) having created "this mess" and not acknowledging the nature of the relationship being one of employment; the sections that we had included in our document that mention compensation and services have been deleted as well as the mention of a specific time period. I'm concerned about the indemnity clause and will ask that that be changed to exclude the word "employment" and also feel we need a disclaimer in the cover letter re the nature of the relationship. The woman, Nora, definitely wants a "moral victory" as she has described it to our board and I don't care about that but do care about protection from her taking the money and then going to labour and standards and lodging a complaint against us that will be time-consuming and cause our accountant to be very upset. I also want to restore some language re a "No Criticism" clause which her lawyer edited to protect her only and not to protect our organization. Do you have any thoughts or advice? If you need me to do this as a new question, can you please send me the appropriate link? thanks so much
GWen

In this document she has to agree not to file any complaints with any governmental, quasi governmental and non-governmental agency and not to bad mouth the organization to anyone including posting on social media.

You cannot sign unless she agrees. It is quite standard and her lawyer knows that.

Debra
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Category: Canada Law
Satisfied Customers: 105,502
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Customer reply replied 3 months ago
ok, thanks so much, Gwen

You are very welcome.

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