Many employees are hired pursuant to a verbal contract of employment. For others, the terms of the contract are set out in a written letter of hire or formal employment contracts. Written or oral, the agreement between employer and employee is a contract.
At Hallmark Attorneys LLP, our employment lawyers provide clients throughout Richmond Hill and the GTA with independent legal advice prior to accepting any offer of employment.
Understanding The Legalities of Employment Contracts
Once accepted, any written agreement is likely enforceable. If some terms of that explicit agreement are uncertain or absent, then basic rights and obligations are implied at law.
In addition, all employment agreements are subject to statutory minimum obligations (for example under the Employment Standards Act) which cannot be limited or curtailed by contract.
As an employer, it is good practice to implement formal employment agreements at the time of hire. This promotes clarity and certainty and can also serve to confine an employee’s entitlement to notice (or pay in lieu of notice) on termination.
Breaking Down Your Employment Contract, Term-by-Term
By clarifying each party’s rights and obligations, a formal employment agreement reduces the risk and cost of potential disputes. The most important provisions in most employment agreements are clauses specifying rights and obligations related to:
- Termination
- Restrictive covenants such as non-competition and non-solicitation clauses
- Entitlements surrounding the vesting of commissions and bonus pay
Working With Hallmark Attorneys LLP
The best time to negotiate the terms of an employment contract is at the time of hire. We can help you negotiate the best possible terms. If the terms presented by an employer are non-negotiable, we can explain the consequences of the employee’s acceptance of those terms.
Our team of experienced lawyers can help you draft, review, revise or litigate issues regarding employment contracts. Call us at +1 (548) 708 4291 or fill in the form below to get started.
