Backdating contracts verbal contracts
Porter would have been entitled to a significant period of notice, likely in the area of 12 months or so. In the case before me, there was no consideration flowing to Mr.Porter in exchange for his promise to give up the right to work for any competitor of Kohler.The old legal adage "past consideration is no consideration" often serves to defeat employers' expectations.Traditionally, the court held that the right to continued employment was consideration enough for the enforceability of a written agreement executed after the start of employment.Hobbs was explicitly advised that the terms and conditions were "non-negotiable" and that if he wanted to be paid the commissions , he had "no choice" but to sign the agreement.A dispute arose regarding when commissions would be paid.TDI Canada relied on the restrictions in the "Solicitor's Agreement" and refused to pay anything but the basic draw and car allowance until the clients had paid TDI Canada in full.Allan Hobbs resigned on the basis that TDI Canada's conduct was not pursuant to his original understanding of the commission terms and ultimately sued for the commissions he felt were owing to him, approximately another ,000.
nor is there any evidence that Kohler said anything to him about termination. Kohler would not have been entitled at law to dismiss Mr. Having been employed by Kohler for 13 years prior to that time, Mr.In short, while an employer is entitled to take the position that "in order to continue the employment relationship, you must sign this agreement or you will be terminated," the threat of termination must be accompanied by an appropriate termination package or severance offer.