You’ve finally landed the job of your dreams and an offer has been made. So you think, with great relief I’m past the last hurdle before starting a new job. But wait; there’s still the employment contract to sign. Caution–employment contracts can contain provisions that may be unfair to an employee or costly if you have to fight them.
Here are a few clauses you should consider before signing;
NON-COMPETE or Non-competition
These clauses restrict people who leave their job from taking another job in the same industry for a period of time after leaving the employer. But in recent years, non-compete clauses have become almost impossible to legally enforce. Courts are recognizing that non-completes can constrain an individual’s ability to earn a living.
These clauses say that if your job is terminated, the employer will pay only the minimum set out in provincial employment regulation, which in Ontario is one week per year of service up to a maximum of eight weeks. But in all cases, notice is more than the amounts prescribed by legislation.. You should negotiate notice that is more than the provincial minimum.
Bonus clauses indicate an employee will be eligible for a bonus but are not usually specific and give companies greater flexibility in compensation. You should ask to have the bonus pay process spelled out—it could be a percentage of salary for meeting a target, spelled out and agreed to by the employer and employee.
Negotiating a contract should happen before you agree to take the job, and may involve using a lawyer. Using a lawyer can save you a lot of grief down the road if something goes wrong
The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of employment law familiar to employment lawyer, Shelley Brian Brown. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website or blog as such.