For Employees

Employment contracts set out the basic terms and conditions between the employee and employer and help to govern the employment relationship. These agreements will generally outline an employee’s position, entitlements, compensation and obligations in the workplace. An employer is not allowed to unilaterally change a fundamental term of the employee’s employment (i.e. removing a benefit, imposing a demotion, decreasing salary, etc.).  If the unilateral change is substantial then the employee may claim constructive dismissal.

When an employee raises a question or concern regarding a right under the Employment Standards Act, 2000, the employer cannot punish, fire, or penalize the employee. Otherwise, an employee can claim reprisal and seek damages.

Termination Provisions

Most importantly, a candidate for employment should review the termination provisions within the employment agreement. These clauses, if enforceable, may limit a dismissed employee’s entitlements to the minimum statutory notice under the Employment Standards Act, 2000 and bar an employee from seeking additional generous common law damages.

While many people may regard an employment contract as being boilerplate, standard languae, this is not the case. Employers draft an employment contract, or offer of employment, to their benefit and the provisions of the contract should be scrutinized by the employee-to-be.

Restrictive Covenants

Employment contracts may have restrictive covenants such as non-solicitation and confidentiality provisions that impose obligations on employees during and after their employment. If an employee breaches these provisions, an employer may seek an injunction or other legal remedies against the employee.

If you are provided with an offer of employment, employment agreement,  new contract, or if a fundamental term of your employment contract has been changed, we encourage you to speak with one of our skilled employment lawyers to help you understand your rights and obligations in the workplace.