Hiring counsel early

Alex Treiber, Advertorial –

When should you hire an em­ployment lawyer? Not until you get fired, right?

Wrong.

There are so many ways an employment lawyer can help, and some of the most effective ones start before you ever sign an employment contract.

Every employee in Ontario has an employment contract whether or not it’s in writing. If you start working for an em­ployer without a written con­tract and you’re not part of a union, that means that the terms of your contract are set out in the Employment Standards Act, also called the “ESA,” which is the law that governs most em­ployees in Ontario.

The ESA lays out the mini­mum rights for Ontario employ­ees when it comes to terms of work, such as minimum wage, overtime, vacations, etc. These are the base standards for most employees in Ontario, and an employer cannot offer you any­thing less than these minimum standards.

They can, however, offer you more. Senior-level employees, for example, are likely working for more than minimum wage. When employers and employees agree to terms that are above those minimum standards, they should be in writing in an em­ployment contract. An employ­ment contract does not need to be a lengthy, complicated docu­ment! Even if your employer has emailed you some basic terms, that email can potentially form your employment contract.

So when does a lawyer come into play?

The truth about termination clauses

The basic principles of law state that if they are not in writ­ing, an employee’s terms of work are set out by the ESA…with one key exception: termi­nation pay. While the ESA does outline legal minimums for ter­mination and severance pay, the default at law is not to lock into those amounts. Instead, employees who have no written contract are eligible for what’s called ‘common law’ notice or pay in lieu of notice, which may be much higher.

Most employers know this, and one of their primary goals in an employment contract is to limit what you may be entitled to if your job ends. This is not as sinister as it may sound. Em­ployers can draft language that makes sure employees are rec­ognized fairly, while still plac­ing a limit on any payouts that may be required.

An employment lawyer can help you review the language in your contract to make sure that you are getting a fair deal. Over­ly restrictive language can mean that you’re only entitled to your bare legal minimums no mat­ter how long you work, which can be as low as 8 weeks’ pay for decades of service. These contracts are tricky; do not sign what you do not understand!

Put it all on the page

Employees often miss the line that says that your written con­tract is your full and complete employment agreement. This is often worded to mean that any previous conversations or nego­tiations that you had with your employer in structuring your job offer may vanish into thin air. For example, if your em­ployer said in conversation that you could have five weeks’ paid vacation, but the written con­tract only says three weeks’, the written contract will ultimately set the rules.

It’s important to work with a professional to review your con­tract closely before you sign. An employment lawyer can help ex­plain key terms and the weight they carry, and make sure that you know exactly what you’re signing up for. A contract should provide you with peace of mind, not a bad deal you have to worry about later on.

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