Employment contracts

On Krzysztof Rejdak’s first day of work, he found himself in a pickle. He was given an employment contract with a three-month probationary term and asked to sign his name. For Rejdak, who had already resigned from his previous long-term job, his options were grim: he could either sign his name and agree to be a probationary employee or he could refuse and potentially be unemployed. Fortunately for Rejdak, he later learned in court that not all signed agreements will ultimately be enforced.

Drafting employment contracts

Employers often take a kitchen sink approach to drafting employment contracts. They bargain for excessive protection, no matter how junior or administrative the employee. However, in seeking such protection, they sometimes get none at all.

Beware of employment contracts

It’s possibly the worst fraud in workplace law – corporations, with expensive lawyers and deeper pockets, insisting that employees sign one-sided contracts that reduce their legal rights. And employees, without bargaining power or an understanding of the law, not realizing their interests have been undermined.

Employment contracts are negotiable

Employees routinely sign contracts replete with unfavourable terms: contracts can give employers the right to eliminate employees with minimum notice, banish them to far away jurisdictions, slash salaries or demote with impunity, prevent competition following their departure, and break promises or representations at their pleasure.

Employment contracts are negotiable – courts will imply terms

Employees routinely sign contracts replete with unfavourable terms: contracts can give employers the right to eliminate employees with minimum notice, banish them to far away jurisdictions, slash salaries or demote – with impunity, prevent competition following their departure, and break promises or representations at their pleasure. 

Anything goes in employment contracts

Unfortunately for employees, the law provides few safeguards regarding what can and cannot be agreed to as a term of employment. As well, with the recent shift downwards in unemployment rates, employers have had to adapt, minimizing the risks of hiring transitory employees by proposing contracts loaded with language to protect them at every opportunity. Employees should beware of the following six most dangerous terms, now appearing in more employment contracts – and court dockets.