Employment Contract Drafting and Review Lawyers for Ontario and BC Employers

An employment contract is one of the cheapest forms of risk management an employer has, and one of the most expensive to get wrong. A well-drafted agreement caps severance exposure, protects confidential information and client relationships, and heads off disputes before they start; a defective one can hand a terminated employee far more than the organization ever intended to owe. Achkar Law's employment contract lawyers draft, review, and update employment agreements for employers across Ontario and British Columbia, so the clauses you rely on actually hold up when they are tested.

When Employers Need an Employment Contract Lawyer

Contract work is best done before there is a problem, not after. Employers come to us for employment contract drafting and review when they are:

• Hiring and need enforceable employment contracts or offer letters
• Promoting an employee or making a senior or executive hire
• Engaging independent contractors or consultants
• Relying on older template agreements that may no longer be enforceable
• Wanting to limit severance exposure through a valid termination clause
• Protecting confidential information, IP, or client relationships
• Rolling out new or updated agreements to existing staff
• Integrating employees after an acquisition, sale, or restructuring

Employment Agreements We Draft and Review for Employers

Our employment contract and employment agreement lawyers provide a full range of drafting and advisory services for employers in Ontario and British Columbia, from a first hire to agreements across an organization of hundreds.

Employment Contracts and Offer Letters

Custom employment agreements and offer letters for salaried, hourly, part-time, and fixed-term staff, drafted to comply with the applicable employment standards legislation and common law, and tailored to the role rather than pulled from a generic template.

Executive Employment Agreements

Executive agreements carry the most complexity and the most exposure, with compensation, bonus, equity, restrictive covenants, and enhanced termination terms to align. We draft executive contracts built around the role, the pay structure, and your retention and risk objectives.

Independent Contractor and Consultant Agreements

An agreement that calls someone a contractor but describes an employment relationship exposes the organization to liability for unpaid wages, notice, and source deductions, because the courts look at the substance, not the label. We structure contractor and consultant agreements that reflect the real relationship and reduce the risk of reclassification.

Fixed-Term Contracts

Fixed-term contracts carry a specific trap: ending one early without the right language can expose the employer to the entire remaining value of the term. We draft fixed-term agreements with early-termination provisions that actually limit that exposure.

Termination Clauses

The termination clause is the most consequential provision in any employment contract, because it decides whether the organization owes the statutory minimum or common-law reasonable notice. We draft termination language designed to comply with current legislation and case law and to limit severance to the intended amount.

Restrictive Covenants: Confidentiality, Non-Solicitation, and Non-Competition

We draft confidentiality, intellectual property, non-solicitation, and, where they are still available, non-competition provisions, scoped to the specific role so they are enforceable rather than struck down. In Ontario this requires careful attention to the statutory ban on most employee non-competes, which is covered in the province section below.

Contract Review and Updates

We review existing agreements across an organization, flag the clauses that are unenforceable or out of date, and provide updated language. Refreshing contracts also raises the question of consideration, which is addressed below and is easy to get wrong.

Agreements After an Acquisition or Restructuring

After a sale, acquisition, or reorganization, employment agreements often need to be reviewed and reissued to reflect the new structure, address successor-employer obligations, and keep termination provisions enforceable.

What Makes an Employment Contract Enforceable

A contract is only as good as its enforceability, and a few recurring issues decide whether it holds. A termination clause must not attempt to contract below the statutory minimums; in Ontario, following Waksdale v. Swegon North America Inc., if any part of the termination provisions breaches the Employment Standards Act, 2000, the entire termination clause can be struck down and common-law notice applies. New or updated agreements presented to existing employees need fresh consideration, meaning something of value beyond continued employment, or they may not be binding. Language has to be clear and unambiguous, because the courts resolve ambiguity in the employee's favour. The agreement should be signed before the first day of work, since presenting it after the employee has started can undermine it. And because the law in this area keeps moving, agreements need periodic review rather than being treated as permanent. Getting these fundamentals right is the difference between a contract that protects the organization and one that quietly does not.

Key Clauses Every Employment Agreement Should Address

A complete agreement deals with each of these clearly and in compliance with the law of the relevant province. Gaps or sloppy drafting in any one of them creates exposure:

• Termination: the highest-stakes clause, drafted to comply with the statute and limit severance to the intended amount
• Probation: duration and reduced-notice terms that meet the statutory minimums
• Compensation and benefits: base pay, and clear treatment of bonus and commission, including what happens on termination
• Confidentiality and IP: post-employment confidentiality and assignment of work product
• Non-solicitation: client and employee non-solicit provisions, scoped to be enforceable
• Restrictive covenants: non-competition only where it is legally available and properly limited
• Entire agreement and variation: language governing prior promises and how the contract can be changed
• Governing law: which province's law applies, which matters for multi-province or remote staff

Employment Contracts in Ontario and British Columbia

The core principles are similar in both provinces, but the rules on restrictive covenants differ in an important way. We draft for employers in both.

Ontario

Ontario contracts must comply with the Employment Standards Act, 2000, and a termination clause that contracts below the statutory minimums is void, which under Waksdale can void the entire termination provision and revert the matter to common-law notice. Ontario also bans most employee non-competes: under the Working for Workers Act, 2021, which added sections 67.1 and 67.2 to the Employment Standards Act, 2000, a non-compete in an employment agreement entered into on or after October 25, 2021 is void, with only two exceptions, for executives such as C-suite officers and for a sale-of-business situation where the seller becomes an employee of the purchaser. Non-solicitation and confidentiality clauses remain available but must be reasonably scoped. Because the case law here keeps developing, regular review is essential.

British Columbia

British Columbia contracts must comply with the provincial Employment Standards Act, and as in Ontario a termination clause that fails to meet the statutory minimums can be void and expose the employer to common-law reasonable notice. British Columbia has no statutory ban on non-competes, but the courts treat them as presumptively unenforceable and will only uphold a non-compete that is reasonable in scope, geography, and duration and tied to a legitimate business interest, generally preferring a well-drafted non-solicitation clause instead. Confidentiality and IP provisions are enforced more consistently when they are clearly drafted.

Employment Contract FAQ for Employers

What does an employment contract lawyer do for employers?

An employment contract lawyer drafts, reviews, and updates employment agreements so they are compliant, enforceable, and aligned with the employer's risk objectives. That covers termination clauses, restrictive covenants, compensation terms, confidentiality and IP provisions, independent contractor agreements, and executive contracts, across the full life of the employment relationship from hiring through to termination.

Why do employment contracts need to be updated regularly?

Because the law changes through both legislation and court decisions. A termination clause that was valid a few years ago may no longer meet current standards after amendments to employment standards legislation or a significant court decision, and an employer relying on an outdated agreement can find the clause void exactly when it is needed. We generally suggest reviewing agreements at least every couple of years and immediately after any major legal change affecting enforceability.

Are non-compete clauses enforceable in Ontario and British Columbia?

In Ontario, the Employment Standards Act, 2000 prohibits non-compete agreements with employees for contracts entered into on or after October 25, 2021, with narrow exceptions for executives and sale-of-business situations, so a non-compete in a standard employee contract is void. In British Columbia there is no statutory ban, but the courts only enforce a non-compete that is reasonable in scope, geography, and duration. In both provinces, a properly drafted non-solicitation clause is usually the more reliable protection.

Do we need to give existing employees something to sign a new contract?

Usually, yes. Presenting a new or updated agreement to an existing employee generally requires fresh consideration, meaning something of value beyond simply continuing their employment, such as a signing bonus, a raise, or a promotion. Without it, the new terms may not be enforceable, and how the change is introduced can also raise constructive dismissal risk. We advise employers on the right process so the updated agreement actually binds.

What happens if our termination clause is found unenforceable?

If a court strikes down the termination clause, the employee is generally entitled to common-law reasonable notice, which is based on factors such as age, length of service, and position and is frequently far higher than the statutory minimums the clause was meant to limit you to. In Ontario, a defect in one part of the termination provisions can void the whole clause. This is why the termination language is the part of the contract most worth getting right.

Can a worker labelled as an independent contractor still be treated as an employee?

Yes. The courts and tribunals look at the substance of the relationship, not the label in the agreement. If the working relationship looks like employment, a worker called a contractor can be reclassified, exposing the organization to liability for notice, unpaid wages, and source deductions. A properly structured contractor agreement that reflects the real relationship reduces that risk.

Do you draft employment agreements outside Toronto and across British Columbia?

Yes. Achkar Law has offices in Toronto, Ottawa, and Vancouver and drafts and reviews agreements for employers throughout Ontario and British Columbia. We work with clients remotely using secure communications, so location within these provinces is not a barrier to getting tailored, enforceable agreements.

Speak With an Employment Contract Lawyer

If you need employment agreements drafted, reviewed, or updated for your Ontario or British Columbia organization, tell us what you are working with and we will follow up promptly with practical, enforceable solutions. You can also reach us directly at 1-800-771-7882. We assist employers in Toronto, Ottawa, Vancouver, and throughout Ontario and British Columbia. If a contract is already in dispute, our employment litigation team can help, and well-drafted agreements work best alongside compliant workplace policies.