{"id":243028,"date":"2023-01-19T18:18:55","date_gmt":"2023-01-19T18:18:55","guid":{"rendered":"https:\/\/toronto-employmentlawyer.com\/?page_id=243028"},"modified":"2024-03-19T12:02:13","modified_gmt":"2024-03-19T16:02:13","slug":"employment-contracts-2023","status":"publish","type":"page","link":"https:\/\/toronto-employmentlawyer.com\/employment-contracts-2023\/","title":{"rendered":"Employment Contracts"},"content":{"rendered":"
<\/div>
<\/div><\/div>
<\/div><\/div>

Employment Contracts<\/span><\/h1><\/div><\/div><\/div>

Know how to negotiate the best terms <\/p><\/div>

When starting a new position or changing positions with the same employer, your employer may ask you to sign an employment contract. Before signing anything, learn more about employment contracts, termination provisions, layoffs (furlough clauses), non-compete agreements and non-solicitation clauses.<\/p><\/div>\"Upward<\/span><\/div><\/div><\/div><\/div>

What is an employment contract?<\/p><\/div><\/i><\/a>

What is a termination provision?<\/p><\/div><\/i><\/a>

What is a layoff (furlough) provision?<\/p><\/div><\/i><\/a><\/div><\/div><\/div>

What is a non-compete agreement?<\/p><\/div><\/i><\/a>

What are the rules regarding non-compete agreements?<\/p><\/div><\/i><\/a>

What are the exceptions to the Ontario ESA non-compete rule?<\/p><\/div><\/i><\/a><\/div><\/div><\/div>

What rules apply if you signed your contract with a non-compete clause prior to October 2021? <\/p><\/div><\/i><\/a>

What is a non-solicitation agreement or clause(s)?<\/p><\/div><\/i><\/a>

Is a non-solicitation agreement enforceable?<\/p><\/div><\/i><\/a><\/div><\/div><\/div>

What should you know before signing a non-solicitation agreement?<\/p><\/div><\/i><\/a>

Why is it important to speak to an employment lawyer?<\/p><\/div><\/i><\/a><\/div><\/div><\/div>

Why should you have the lawyers at Whitten & Lublin review your employment contract?<\/p><\/div><\/i><\/a><\/div><\/div><\/div>

<\/div><\/div>
<\/div><\/div>

<\/a>What is an employment contract?<\/h1><\/div><\/div><\/div>
An employment contract is a contract between you and your employer that outlines and guides the terms of your employment and working relationship with your employer. It may include terms regarding compensation, hours of work, probation period, termination, post-employment restrictions, vacation, bonuses, and shareholder agreements. Some terms can greatly affect your employment entitlements. For instance, your employment contract could impact the amount of severance<\/a><\/span> you receive or whether you can work in the same field after your departure.<\/div>

What is a termination provision?<\/h1><\/div><\/div><\/div>
A termination provision is a section in an employment contract that typically tries to reduce your fair severance<\/a> <\/span>entitlement down to just your bare minimums. You may think that the Employment Standards Act <\/i>(ESA) describes your severance entitlement. It does not. The ESA merely tells you what your bare minimum entitlement is, like how the ESA tells you what minimum wage is. In fact, when you start the employment relationship, you are entitled to much fairer and much more lucrative severance. Employers routinely use termination provisions to deprive employees of that fair severance and reduce it to the bare minimum. These are the most problematic parts of an employment contract and should be the first thing that you have evaluated by an experienced employment lawyer.<\/div>

What is a layoff (furlough) provision?<\/h1><\/div><\/div><\/div>
Many employees do not know this, but it is illegal to place you on a temporary layoff,<\/a><\/span> often called a furlough. The exception to this rule is if you consent to being laid off. One way that employers obtain consent is by having you sign an employment contract that permits temporary layoffs. There is often no reason to give your employer the right to deprive you of your ability to work and earn a living.<\/div><\/div>
<\/div><\/div>
<\/div><\/div>
\"Image\"<\/span><\/div>
What is a non-compete agreement?<\/div>

A non-compete agreement is typically a clause found in an employment contract that bans you from working for a competitor or accepting business from a former client\/customer. Non-competes are presumptively illegal, and it is very hard for employers to rely on these. In most cases, you will be informed that your non-compete is illegal, and that you are free to work wherever you want if you quit or are let go.<\/p><\/div><\/div><\/div>

What are the rules regarding non-compete agreements?<\/div>

In October 2021, the Ontario Employment Standards Act <\/i>was changed so that non-competes for most employees would be automatically illegal. <\/p><\/div><\/div>