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Posts tagged: Employment Offer

Employee Protections during Police Record Checks

By , November 14, 2018 4:14 pm

Often employers require a new hire to provide a police record checks. Starting November 1, 2018 changes made under the Ontario’s Police Record Checks Reform Act will be in force. Previously, police record checks were not regulated in Ontario. With the new Reform Act in force, the police record checks process becomes standardized across Ontario for all employers.  Employers will not have access to as much information, and employees must consent.

This Reform Act covers:

  • Criminal records check,
  • Criminal Record and Judicial matters checks; and
  • vulnerable sector checks.

The Reform Act now requires consent at two stages of police record checks. The first stage includes consent from the employee to conduct the particular type of check and the second stage requires consent to the police record check provider to provide a copy of this results to the employer.

These changes also limit the information given to employers upon conducting a police record check to what is necessary and relevant. Information such as mental health detentions and non-conviction information will not be disclosed unless deemed necessary for “exceptional disclosure.” This will occur primarily if the alleged offence involved a child or vulnerable person and there are reasonable grounds to believe the individual presents a risk of harm to a child or vulnerable person.  

Lessons for Employees

  • Make sure your current or future employer has your consent to conduct the search and see the results.
  • The record check process will likely take longer, so keep that in mind if you receive a conditional employment offer.  Don’t resign too quickly from any current job.
  • If an employer or another person willfully contravenes certain sections of the Reform Act can be liable for a fine of up to $5,000.

If you have any questions about hiring processes, employment contracts or police record checks, you can contact MacLeod Law Firm at 647-204-8107 or at [email protected]

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.

Why you Should Have a Lawyer Review your Employment Contract

By , October 22, 2014 12:33 pm

You have been offered a new job. You are excited about it. The offer letter seems fair and you are eager to start the position.  Why should you pay a lawyer to look over this employment contract?

Fast forward ten years. Your company is going through restructuring and you are now out of work. What that document said ten years earlier can dramatically affect your rights and entitlements when your employment ends.

Assessing an Employment Contract

The language of employment contracts is often technical and legal. It may sound fair and reasonable, but it may not be.

An Example

We often see employment contracts that state something like:  “Should your employment be terminated by the company without cause, you will be provided notice, or pay in lieu of notice, in accordance with the Employment Standards Act.” That sounds fair, right? The company is setting out that it will follow the law if it terminates you.

The problem is that this type of termination clause significantly limits an employee’s rights at termination.

In the scenario above, an employee who had a clause like this and had worked for the company for 10 years would be entitled to eight weeks’ notice of termination under the Employment Standards Act with an additional 10 weeks’ severance pay if the employer has a payroll of at least $2.5 million or more. If that clause was not in the employment contract, the employee would generally be entitled to between nine and 12 months’ reasonable notice of termination, or pay instead of this notice. If the employee was earning $52,000 a year, the difference in termination pay could be as much as $44,000.

This is only one example of the types of clauses found in an employment contract which appear reasonable but may dramatically affect your rights.

 

It usually takes one of our lawyers about an hour to review an employment contract and provide you with our comments. This investment can result in changes to the initial offer letter that benefit you.

If you are already working, or have been terminated, you can review our other blogs on wrongful dismissal and your other employment rights here.

If you have been asked to sign an employment contract, and you want to speak with an employment lawyer with experience in this area, contact us at [email protected] or 1-888-640-1728 (toll free) or 647-204-8107 (within the GTA).

Employment Contracts and Offer Letters | Can you do better?

By , January 15, 2013 3:01 pm

Employment Contracts and Offer Letters | Can you do better?

Reviewing employment contracts and offer letters carefully is always a good idea.  Having your lawyer review them for you is an even better idea.  Here’s why:

Increasingly, employers are asking new hires to sign employment contracts.  These employment contracts are prepared by lawyers hired to protect the employer’s interests.

There is no such thing as a “standard” employment contract. Many employers try to include the same terms of employment in every contract, however, some of the clauses are often negotiable.

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

If you wish, we can negotiate changes in the initial job offer on your behalf.

At the MacLeod Law Firm, we view every employee as a person first and recognize that every negotiation is different. Regardless of the situation, we consider these three issues:

  1. The employee’s alternatives to accepting the job offer. These alternatives determine the person’s negotiating power. Does the person currently have a job? If not, does the employee have other job offers? In some cases, employees will turn down an offer and remain in their current job once they understand the terms of the offer. In other cases, employees use competing offers to improve an initial job offer.
  2.  Which  issues may be negotiable. We have helped scores of employees negotiate enhanced job offers. This experience helps us identify which issues are likely open for discussion in any particular situation.
  3. The employee’s obligations to his/her current employer. Unless there is a notice of resignation term in the employee’s current employment contract, the employee is generally required to provide reasonable notice of resignation. The employee may also have fiduciary or contractual duties which preclude them from soliciting customers for a reasonable period of time after resigning, among other such restrictions.

If you have been offered employment and asked to sign an employment contract, and you want to speak with an employment lawyer with experience in this area, contact us at  [email protected] or 1-888-640-1728 (toll free) or 647-633-9894 (within the GTA).

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