LEGALMATTERS
More common legal errors to avoid
BY LAI-KING HUM IN THE OCTOBER 2024 issue of Landscape Trades , we discussed four of the most common legal mistakes landscaping employers often make — from missing essential clauses in employment contracts to mishandling terminations and layoffs. There are additional, often overlooked, pitfalls that can be just as damaging. Here, we will explore five more common errors — covering issues like using AI-generated contracts, misclassifying independent
contractors and overlooking safety. Understanding and addressing these areas will help landscaping businesses stay compliant, avoid costly mistakes and ensure a respectful, legally sound workplace. Using Google, AI or template contract services to create employment contracts Some landscaping companies may turn to online templates or AI-generated contracts in an effort to cut costs. However, these generic contracts often fail to comply with
local employment laws, making them risky and potentially unenforceable. Employment contracts must align with current legal standards, especially in a regulated industry like landscaping, where specific conditions like safety and seasonal employment need to be addressed. Waksdale v. Swegon North America Inc. is a reminder that even a seemingly minor flaw in a contract can make it unenforceable. This case has led to most employment contracts in Ontario that were drafted before 2020 being unenforceable, potentially leaving
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