Employment Contract Review in Ontario: Protecting Your Rights in the Workplace
Congratulations on landing that new job! Before the excitement gets the best of you, it is important to remember one crucial step: always review your employment contract with an Ontario employment lawyer. This seemingly simple legal document lays the foundation for your relationship with your employer, outlining your rights, responsibilities, compensation and, most importantly, rights upon termination of employment. Understanding your contract is essential for a secure and successful employment journey.
Why is an Employment Contract Review Important?
Employment contracts are often drafted in the employer’s favour. By having an employment lawyer review your contract, you can ensure it aligns with Ontario’s employment laws and protects your best interests. Here’s what a review can uncover:
- Unfair Termination of Employment Clauses: To protect employers’ rights and best interests, many employment contracts will limit an employee’s termination and severance pay rights to only the minimum requirements under the Ontario Employment Standards Act, 2000, which is often far below an employee’s full severance package rights under common law.
- Non-Solicitation Clause: These clauses will try restrict your ability to solicit customers, contractors and fellow employees after leaving the company. An employment lawyer will help review your employment to assess their reasonableness.
- Confidentiality and Intellectual Property: The employment contract might restrict your ability to disclose confidential information or claim ownership of work you create, often transferring intellectual property rights to the company, such as copyright, trademark and patent employee rights.
What to Look for During Your Review
While an employment lawyer’s expertise for a contract review is invaluable, here are some key areas to consider during your initial review when it comes to reviewing employment contract:
- Compensation and Benefits: Ensure your salary, bonuses, commissions, pension plan, and health benefits are clearly defined.
- Job Duties and Responsibilities: Understand the scope of your role and potential changes your employer can make.
- Probationary Period: Most contracts have a probationary period where termination might be easier.
- Termination Clauses: Review notice periods, severance pay, and just cause provisions for termination.
- Confidentiality and Intellectual Property: What information is considered confidential? Who owns the intellectual property you create?
Benefits of an Employment Lawyer Contract Review
Employment contracts in Ontario might seem straightforward. However, they can be complex and favor the employer’s interests. Here’s why a review is vital. An employment lawyer in Ontario can provide a comprehensive analysis of your contract, going beyond the surface level. Here’s how an Ontario employment lawyer can help:
- Identify Unfavourable Clauses: Employment lawyers can spot and help explain specific clauses that limit your employee legal rights or may violate Ontario’s employment laws.
- Negotiate Changes: With legal backing, you can negotiate more favorable terms in your contract, such as improved severance pay or broader ownership of intellectual property.
- Clarity and Understanding: Legal jargon can be confusing and sound like it was written in the 1800’s (often called “legalese”). An employment contract review lawyer can explain the employment’s contract’s terms in clear, understandable language.
- Peace of Mind: Knowing your employment contract is fair allows you to focus on your new job with confidence.
- Employment Contract Negotiation Leverage: A lawyer can identify areas for negotiation, such as salary, benefits, or termination clauses.
- Employee Rights Protection: Contracts may limit your common law severance pay rights to only the minimums required under employment standards legislation. To your benefit, an employment contract review lawyer can identify these and ensure you get your full severance package rights and entitlements.
- Red Flags: Certain clauses might raise red flags, like restrictive covenants or overly broad confidentiality agreements. An Ontario employment lawyer can explain their implications.
The Cost of an Ontario Lawyer Employment Contract Review
The cost of an employment contract review varies depending on the lawyer’s experience and the complexity of your contract. However, it is important to think of it as a wise investment that can save you significant stress and financial hardship down the line, especially in negotiating an employment contract and severance package rights in the termination clause. Some employers may even be willing to contribute to the cost of the review.
What to Do After Your Employment Contract Review
- Negotiate: Armed with your lawyer’s insights, you can negotiate specific terms of the contract before signing.
- Ask Questions: Never hesitate to ask your employer to clarify ambiguous terms.
- Keep a Copy: Maintain a copy of the final signed contract for future reference.
Taking Charge of Your Employment Future
Employment contracts are legally binding documents. By prioritizing an employment contract review in Ontario, you take control of your future within the company. With a clear understanding of your rights and obligations, you can embark on a secure and rewarding employment journey.
Call an Ontario Employment Contract Review Lawyer
If you are an employee in Ontario presented with a new employment contract by your employer, call Bune Law, Toronto Employment Lawyer, to arrange a confidential consultation to review and better understand your employment contract. We are here to protect your employee rights and best interests. With our detailed employment contract review with an Ontario employment lawyer, you can invest in your future by protecting your rights if you are ever terminated from your employment, including to ensure you receive a fair severance package, deal with a wrongful dismissal claims or constructive dismissal claims.