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Posts tagged: Employment Contract

So You’ve Received a Job Offer

By , June 29, 2018 11:01 am

Congratulations!  However, before accepting your job offer, it is important that you carefully read and understand it.  While you may have been offered the job of your dreams, the offer letter for this job is actually an employment contract that may take away your rights.

The language in the job offer letter will have been drafted by a lawyer and can change and manipulate your rights, often to the benefit of the employer rather than you.  It is therefore in your best interest to ensure that the offer you are accepting protects you and your needs.

Some key details to look out for in an employment contract include: whether the employer could change your job duties and pay without any notice to you, what your rights are if you are terminated without cause, or whether there are any non-solicitation clauses that prevent you from certain behaviour after your job with this employer ends.

To read more case about employment offers and how affect employee rights see here, here and here.

At MacLeod Law Firm, we specialize in protecting the interests and rights of our clients. We will take the time required to ensure that you understand the employment contract, and give you guidance on how to best proceed in your specific circumstances.  At this moment, your ability to negotiate the very best conditions of employment is maximized. Take advantage of your situation by meeting with an experienced employment lawyer.

If you have questions about your employment contract or job offer letter, you can contact us at [email protected] or 647-204-8107.

“The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.”

Your Bonus – How to Ensure You Receive It?

By , November 7, 2017 10:12 am

What your contract says about your bonus is significant. There have been many legal disputes assessing the language of employment contracts in recent years.  Many of these cases focus on bonuses.

An employer can try to limit what you receive  through the words in your contract.  They can do so by making the bonus calculation and payment completely discretionary.  They can also include language in the contract that prevents you from receiving payment after you have been terminated – even if you have earned it.

In a 2015 case, an Ontario judge found that a terminated employee was not entitled to any bonus, even though he had received one every year in the past. The judge held that the bonus was entirely at the employer’s discretion and since there was no formula listed in the contract, the employee was not entitled to the payment.

In a 2017 case, the Alberta Court of Appeal found that even though an employee had worked the full year and earned the bonus, he would not receive the payment because he had been fired before the date the bonus was to be paid.  The Court found that the language of the employment contract was strong enough to deny the employee this payment.

It is essential to understand what your employment contract says and to negotiate changes to key clauses.  Without doing so, you could end up with no bonus, even where you have worked diligently for your employer.

An employment lawyer can assist you by reviewing each term of an employment contract and suggesting changes to the offer that benefit you. If you have an employment contract that you would like reviewed, a lawyer at MacLeod Law Firm would be happy to assist you.  If you would like to speak to a lawyer at MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.

Being Terminated Before You Get Your Foot In The Door

By , September 22, 2017 9:48 am

From time to time, we get a call from a person who has accepted a job offer, quit their existing job, and then been told that the job offer has been revoked before the person starts work.

The person wants to know, “Can the offer be revoked” and if so, “Am I entitled to any damages?”

In a recent case, a judge ordered an employer to pay damages to an individual in this kind of situation.

Buchanan v Introjunction Ltd.

On October 16, 2016, Mr. Buchanan accepted an offer of employment from Introjunction and signed an employment contract. As he was expected to commence work on November 1, 2016, Mr. Buchanan quit his existing job. After he quit, on October 29, 2016, Introjunction revoked his offer of employment. Mr. Buchanan initiated a wrongful dismissal action, seeking four months’ pay in lieu of notice of termination of his employment.

Introjunction attempted to argue that Mr. Buchanan was not entitled to reasonable notice of termination because his employment contract contained a three-month probationary period which allowed Introjunction to terminate him without notice within the first three months of his employment.

The Decision

The court disagreed with Introjunction’s position. The court found that even if the probationary clause applied, such a clause required that the employer assess Mr. Buchanan’s suitability for the role. Because Introjunction had revoked Mr. Buchanan’s employment offer before he began work, suitability could not have been a factor in the decision to terminate his employment. The court also found that by retracting the job offer, Introjunction demonstrated a clear intention to not honour the employment contract. Having repudiated the contract, Introjunction could not rely on any provision in the contract. Therefore, it was liable to provide reasonable notice of termination of the employment contract, in this case six weeks’ pay.

Lessons to be learned:

  1. Make sure you ask a potential new employer enough questions to satisfy yourself that there is very little chance that the job offer will be revoked. For example, is it a new position? Is the employer experiencing any financial problems?
  2. If you are leaving a secure position to accept a new job then try to negotiate a termination clause that provides for a minimum notice of termination.

An employment lawyer can assist you by reviewing each term of an employment contract and suggesting changes to the offer that benefit you, such as a change to the termination clause. If you have an employment contract that you would like reviewed, a lawyer at MacLeod Law Firm would be happy to assist you.  If you would like to speak to a lawyer at MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.

Should you sign that Offer Letter?

By , September 13, 2017 4:04 pm

Have you been asked to sign back a written offer of employment, or sign an employment contract?

This offer letter or employment contract has likely been drafted by the company’s lawyer and it likely takes away some of your rights.

There is no such thing as a standard offer letter or employment contract. Some companies try to include many clauses in every offer/agreement. However, the fact is that some of the clauses are often negotiable.

We have reviewed hundreds of employment contracts over the years. Some are fair; some are not. MacLeod Law Firm can tell you which clauses in the contract are not fair in your circumstances and why.

If you are currently employed and have other job offers then you will never be in a better negotiating position than you are now. Take advantage of it with our help.

To determine whether the job offer is fair in your circumstances, we need to meet with you and discuss your situation. This is called an initial consultation.

During the initial consultation, we gather the facts we need to give you an informed legal opinion. MacLeod Law Firm provides you with comments and suggestions on how to protect and in some cases enhance your rights.

To read more case about employment offers and how affect employee rights see here, here and here.

If you have questions about your employment contract or offer letter, you can contact us at [email protected] or 647-204-8107.

“The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.”

Why having An Employment Lawyer Review An Employment Offer is a Good Idea

By , March 10, 2017 3:00 pm

We have reviewed hundreds of employment contracts (or a written employment offer) on behalf of employees.

In our experience, a written job offer (or employment contracts) will almost always take away some of your legal rights.

As we have written before, the date you sign the contract is important. Depending on how it is written the termination clause  may not be enforceable. We have also shared negotiating tips for senior executives. We have also written about the implications of specific terms that are often included in an employment contract.

Normally, we spend an hour or so with you reviewing the job offer and providing you with our comments and suggested changes. Depending on your negotiating position we may be able to help you improve the offer. At a minimum, you will understand your rights and obligations if you accept the offer.

If you would like to speak to an employment lawyer at the MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.

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