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.
