When asked to sign a new employment contract, many Ontarians accept it without hesitation – believing that they need to do so to protect themselves.
Unfortunately, the opposite is often true. These agreements usually take away key protections that would otherwise be available to non-unionized employees in the province.
If your employer asks you to sign a new employment contract, here are three things you need to do.
1. Carefully review the agreement before accepting it
Once your boss provides you with the new employment contract, take the time to carefully review it. The company can’t legally force you to accept it immediately or even a few days after receiving it.
In some cases, employers add clauses that allow them to limit a worker’s severance package to a few weeks’ pay or make substantial changes to an individual’s job.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
If you are unsure about anything in the new agreement, speak with an experienced employment lawyer at Samfiru Tumarkin LLP before signing it.
We can review the contract and make sure that your workplace rights are properly protected.
2. Remain calm and professional
Several of our clients were so upset after being asked to sign a new employment contract that they almost quit their jobs on the spot.
While it can be tempting to do something drastic in the heat of the moment, such as resign, remaining calm is one of the best things you can do in this situation.
If you quit your job voluntarily, your employer doesn’t owe you a severance package, which can be as much as 24 months’ pay.
READ MORE: 5 ways to determine if your severance package is fair
In addition to severance, you won’t be able to access employment insurance benefits – further complicating your ability to support yourself financially as you look for new work.
However, if you were forced to resign for any reason, contact our firm.
Not only could you be entitled to full severance pay, but also compensation for any damages associated with the end of your employment.
3. Contact us
In many cases, employment contracts aren’t enforceable – failing to hold up in a court of law for various reasons.
The experienced employment law team at Samfiru Tumarkin LLP has helped thousands of non-unionized individuals in Ontario resolve their workplace issues.
We can determine if the new agreement is unenforceable, assess your legal options and help you secure the compensation you are owed.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of the firm’s clients, a computer technician in Mississauga, received an email from his employer – informing him that his salary was being reduced by 18 per cent due to “challenging economic conditions.”
Immediately after reading the message, he responded to the email. In his response, he clearly stated that he didn’t approve of the pay cut.
Despite his objection, the company went ahead with the change – claiming that the new employment contract he recently signed gave them the ability to reduce his salary.
Confident that his employer didn’t have the right to modify the terms of his employment without his consent, the worker reached out to Samfiru Tumarkin LLP.
After reviewing his employment contract, our lawyers determined that the agreement wasn’t enforceable – making the pay cut illegal.
READ MORE: Dealing with a bad boss? 3 things you should do
As a result, we were able to secure full severance pay for the computer technician through a constructive dismissal claim.
Received an employment contract? Boss pressuring you to accept it immediately?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Stephen LeMesurier are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice through Canada’s only Employment Law Show on TV and radio.