Congratulations! You’ve landed a new job and received your new employment contract. This legal document outlines your rights and responsibilities as an employee, and by signing on the dotted line, you confirm your agreement to its terms and to follow what is written within its four corners. But before you quickly decide to sign it, it is important to review the employment contract navigate what exactly you are committing yourself to. This is where an experienced Toronto employment lawyer can definitely help review your employment contract.
Why Do I need an Employment Lawyer to Review my Employment Contract?
While employment contracts may seem straightforward, they often contain complex legal language that can be difficult for the average person to interpret. An employment lawyer possesses the expertise to:
- Make sense of legal jargon: An Ontario employment lawyer can help you understand the nuances of the language contained in your employment contract and explain the meaning of each clause in plain English. This will help you fully grasp your rights and obligations under the employment contract.
- Negotiate better terms and conditions: An employment lawyer can advocate on your behalf by negotiating a better employment contract, especially when it comes to higher compensation, improved benefits, non-solicitation, or more favourable termination of employment clauses.
- Protect your employee rights: If you feel you are experiencing workplace problems related to your employment contract, such as wrongful dismissal or changes to your job (constructive dismissal), an employment lawyer can represent you and help you enforce your rights.
What Does an Employment Lawyer Do During an Employment Contract Review?
When reviewing your contract, an employment lawyer will typically:
- Gather information: An employment lawyer will ask you about your job title, duties, salary, benefits, and any other relevant details about your employment, and ensure these are properly included in the employment contract to protect your rights and interests and minimize risk of workplace disputes.
- Analyze the employment contract: An employment lawyer will carefully review each clause of your employment contract, dedicating close attention to key areas such as salary, benefits, non-solicitation clauses, confidentiality agreements, bonus plans, termination of employment clauses, and dispute resolution mechanisms.
- Identify potential issues: An employment lawyer is trained to spot hidden clauses or provisions that are unfair, vague or ambiguous, or potentially harmful to your interests as an employee. The aim is to warn you about these workplace issues and advise you on how to address them, by highlighting areas are unclear, unfair, or potentially disadvantageous to you.
- Explain your options: An employment lawyer will discuss your options for addressing these issues, which may include helping you negotiate with your employer, requesting clarifications, or simply refusing to sign the employment contract.
- Answer your questions: An employment lawyer will answer all your questions about the employment contract and ensure you feel comfortable and informed before making a decision.
Benefits of Hiring an Employment Lawyer
Investing in an employment lawyer to review your contract can offer numerous benefits, including:
- Get peace of mind: Knowing that you fully understand your rights and obligations under the contract can provide you with peace of mind and help you feel more confident in your new job.
- Protection from unfairness: A Toronto employment can help you avoid signing an employment contract that contain unfair or disadvantageous clauses, protecting you from potential exploitation by your employer.
- Balance the bargaining power with your employer: With an experienced employment lawyer, you can significantly enhance your negotiation power by identifying areas where the employment contract can be improved and advocating for your interests (especially with termination of employment clauses).
- Reduced risk of future disputes: Having an Ontario employment lawyer review your contract can help prevent future issues and disputes by ensuring the terms are clear, unambiguous, and fair to both parties.
When Should You Hire an Employment Lawyer?
Consider hiring an employment lawyer to review your contract if:
- You are unsure about any of the terms or conditions of your new employment contract.
- The employment contract contains complex legal language that you want to better understand.
- You are concerned about any potential issues in the employment contract.
- You want to negotiate better terms in your employment contract.
- You are in a high-paying or executive position (e.g., CEO, Director, etc.)
- You are starting a job in a new industry.
- You are being asked to sign a new employment contract by your employer in your current job.
- You have any existing concerns or questions about your employment rights.
Cost Considerations
The cost of hiring an employment lawyer to review your employment contract varies depending on factors such as the complexity of the employment contract, its length, job title and employment lawyer’s experience. However, the investment in legal expertise can far outweigh the potential risks associated with signing an unfavourable employment contract. In many cases, employers use the strategy of asking their employees to sign a new employment contract in their current job as a way of reducing how much severance pay (or severance package) they have to give the employee, a decision that is usually already made beforehand. In fact, employment lawyer has assisted employees negotiate an employment contract they were asked to sign by their employer, only to then be terminated from their employment. Fortunately, by first negotiating the termination clause, many of these employees were able to fight back against their employer by significantly improving the value of their severance package.
Many employment lawyers offer flat-rate fees for contract review services.
Call Employment Lawyer Toronto Today
If you are an employee who believes you were wrongfully dismissed from your employment with or without a fair severance package, call today to discuss your options. As an employment law firm in Toronto, Bune Law has reviewed and negotiated improvements to many severance packages. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.