Assisting Employees With Employment Contracts

Written By louise lu

Many employees work without a written employment contract. Increasingly however, employers present new (or existing) employees with formal contract documents. Some written agreements merely set out an agreed salary and start date, and reflect what has already been discussed. Often, however, the employer uses a written contract to try to slip in terms to reduce the employee’s rights.


At Rousseau Mazzuca LLP, our knowledgeable and experienced employment lawyers have reviewed hundreds of employment contracts for employees in a wide variety of industries and sectors. We can assess your employment agreement, identify and explain any potential risks that may exist, and ensure your rights are protected.

RED FLAGS IN EMPLOYMENT CONTRACTS


Employers often attempt to include or introduce a termination clause into an agreement without any prior discussion or agreement with an employee. This can have a significant impact on the employee’s rights, and can reduce their severance or notice of termination by a noteworthy amount. For instance, a long-serving employee may be entitled to 2 years of notice of termination but a termination clause could reduce that notice period to just 8 weeks, a difference of 90%.


Other common clauses that often appear in written contracts without any prior discussion with the employee include:

  • Relocation clauses allowing the employer to modify an employees’ place of work (including moving them to another province/territory or out of country)

  • Non-competition clauses preventing employees from working for another company in the same industry

  • Non-solicitation clauses preventing employees from maintaining contact with suppliers or clients

  • Discretionary bonus clauses, removing an employees’ right to a promised or expected bonus


If an employer asks you to sign a written contract, it is critical to meet with an employment lawyer to make sure you understand all of the contract’s implications. Some contract provisions may not even be lawful or valid. Other provisions may undermine your rights and leave you vulnerable. Employers are often willing to change contract terms. An experienced employment lawyer can help you understand what is reasonable and how to negotiate for it.

louise lu
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