Bobaek America building EV facilities in Windsor, creating 214 jobs

Bobaek America, a Korean electric vehicle (EV) parts manufacturer, plans to build two state-of-the-art factories in Windsor, Ontario.

According to news outlets, including the Windsor Star, the company is investing at least $60 million into a two-phase project, which is expected to bring approximately 214 jobs to the city.

Has phase one of the project begun?

Phase one of the project, which involves the construction of a 71,000-square-foot facility near Windsor Airport, is already underway.

The plant is slated to open in June 2024 — creating 144 initial jobs.

In 2025, phase two of the project will begin, which involves building another 71,000-square-foot facility beside the first factory.

The second plant is expected to employ around 70 workers.

Why did Bobaek America choose Windsor?

Speaking with reporters on Dec. 11, Jae-Hwa Moon, president of Bobaek America, said the company chose Windsor because “it’s where our customer NextStar Energy is located, but is also close to our other customers LG Energy Solution and Samsung SDI in Ohio, Indiana, and Michigan.”

Moon noted that the city was also ideal for the facilities “because of the supports available.”

“The City of Windsor’s community improvement program, supports from Invest WindsorEssex, and the provincial and federal governments.”

Vic Fedeli, Ontario’s Minister of Economic Development, Job Creation, and Trade, confirmed that the Ford government is providing $1.5 million in funding through the Southwestern Ontario Development Fund.

SEE ALSO
• Stellantis resuming work on Windsor battery plant, expected to create 2,500 jobs
• AstraZeneca expanding Mississauga research facility, creating 500 new jobs
• Shake Shack opening first Canadian store in Toronto: Employee rights

What will Bobaek America produce at these facilities?

Bobaek America’s high-tech factories in Windsor will specialize in battery insulation panels and cell sheets for EVs.

Production is expected to include 3D measuring equipment, pressure-molding and sensor-cutting machines, tape assembly, as well as silicon cutting and packing automation lines.

If you are thinking about working for Bobaek America in Ontario, here are a few things that you need to keep in mind.

Carefully review your employment contract

Before starting a new job, it’s very likely that you will be asked to sign an employment contract.

However, you shouldn’t accept anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

These agreements often take away key protections that would otherwise be available to non-unionized workers in Ontario.

Employers might attempt to limit your severance package to a few weeks’ pay or add a clause that gives them the ability to make significant changes to your job.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

It’s important to understand that your boss can’t legally force you to accept a new employment contract immediately or even a few days after receiving it.

Our firm can review the agreement and make sure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: Things to never do before seeking legal counsel

You might have to complete a probationary period

In Ontario, employment contracts often contain a “probation clause” that requires non-unionized workers to complete a probationary period when they start working for a new company.

If your employer doesn’t indicate the existence of a probationary period in your agreement, it won’t be considered “valid” or “in effect.”

While employees are usually put on probation for three months, it’s not uncommon for probationary periods to remain in effect for six months or more.

If you are fired or let go before the probationary period ends, it’s possible that the company could still owe you a severance package.

Your entitlements depend on what you agreed to in the employment contract.

However, if you are terminated after a legitimate three-month probationary period, your employer is required to provide you with working notice or pay in lieu of notice (i.e. severance pay).

LEARN MORE
• Employment Law Show: Probationary periods and termination
• Wrongful dismissal in Ontario: Your rights

Severance pay considerations

Before changing jobs in Ontario, it’s crucial that you consider future severance possibilities.

While severance can be as much as 24 months’ pay, compensation for non-unionized employees is calculated using a number of factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

If you quit your current job, you may not be owed severance

In most cases, non-unionized workers in Ontario don’t get a severance package if they resign from their position voluntarily to take up employment elsewhere.

Severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you are forced to leave because of unwanted changes to your job, it’s very likely that you could treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Severance pay in a recession: What employees need to know
• Should I negotiate my own severance package in Ontario?

Your length of service affects your severance entitlements

When non-unionized employees in Ontario are fired without cause or let go, a key factor in determining how much severance pay they are owed is their length of service.

• Example: If you worked at an automotive company in Oshawa for 17 years and decide to take a new job in Windsor that you sought out on your own, you forfeit the severance entitlements you built up with your current employer. As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.

However, there are situations where short-service employees are owed significantly more severance pay than they realize.

If your employer fires you without cause, and you have only been with the company for three years or less, don’t accept any severance offer before contacting Samfiru Tumarkin LLP.

As long as you didn’t sign it and send it back to your boss, you have two years from the date of your dismissal to pursue full severance pay.

Our experienced employment lawyers can review the offer and help you secure the compensation that you are legally entitled to.

SEE ALSO 
• I already accepted a severance package, what should I do?
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Recruited by another company?

In some cases, non-unionized workers in Ontario leave their current job after being actively recruited by another company.

If your new employer took documented steps to entice you to take up employment with them, this is known as inducement.

In the event that the company decides to terminate you shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

As soon as you receive a severance offer, don’t sign anything before contacting our firm.

We can confirm that the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it isn’t.

SEE ALSO
• Employment Law Show: Facts about the termination process
• Employment Law Show: Situations that trigger legal disputes
• Employment Law Show: Mistakes employers in Canada make

Looking to change jobs? Speak to an employment lawyer

Before signing a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.