It’s no surprise employment contracts are written in favour of the employer
Employment agreements can determine a lot about the relationship between an employer and an employee. Different clauses can enforce terms, determine salaries, control the situations around termination, and so much more. Certainly, it is recommended that your employment contract be reviewed by an employment lawyer.
Typically, employers seek to limit your access to the common law. The common law is the law derived from judicial decisions instead of statutes.
For example, the Employment Standards Act’s minimum notice versus the common law notice can be a difference of many months of termination pay. Undoubtedly, an employer wants you to agree to the minimum.
For this reason, before you sign, you’ll need a lawyer to review your contract to ensure your rights, finances, benefits, perks, exit from the company, and future opportunities, are protected.
With an employment contract review, you can avoid surprises, loss of income and opportunity, and litigation.
The lay of the land:
- Employment contracts are written in favour of the employer (bears mentioning twice)
- Employers often give you a deadline to sign in order to rush the process
- Employers want to restrict your access to the “common law” which can severely limit your financial gain and career opportunities
- Employers want the option to change your job or duties and prevent you from objecting or claiming constructive dismissal
- Any verbal promises, conditions, or benefits previously discussed that aren’t included in your contract are not enforceable, and
- Ambiguous language and complex legalese is a tactic that serves the employer
An employment contract review provides you with:
- A crystal clear picture of your role/duties, compensation, and employment terms
- Our findings and recommendations
- An explanation of risks and limitations
- An understanding of exactly what’s behind the legal language in various scenarios that could arise during and after your employment
- The satisfaction of your contract is fair, especially in light of what is offered to employees in your position, across the market, and
- Coaching and strategy to negotiate revisions or, if you prefer, we can amicably negotiate for you
Employment Contract Review Objectives:
- Clarify the exact conditions and models for bonuses, incentives, benefits, perks
- Remove all ambiguous language which can trigger disputes
- Protect your access to the common law
- Uphold your termination entitlements, and
- Include what is “missing”
In short, have your employment agreement reviewed by an employment lawyer so you can start your new position feeling secure and confident about the deal you sign.