Employment Contract Lawyer 

What Is an Employment Contract?

In reality, every company has a contract with their employees even if there is nothing in writing. Your employment contract is an understanding with the employee about a working arrangement and pay.

Typically, there will be a hard copy of most contracts, but the agreement can also exist through a verbal agreement, text exchange or an email.

It is important to note that organizations that do not have an employment contract that complies with applicable regulations are subject to penalties, potential litigation risk, unnecessary expense and more.

Compliance with the Employment Standards Act 

Every employment agreement in Ontario must comply with the ESA and common law. The Employment Standards Act sets out the minimum standards that apply to most workplaces in this province for things such as minimum wage, hours of work, vacation, statutory holidays, leaves of absence, lay offs, termination notice, severance pay and other provisions.
Employers who fail to comply with the ESA can be subject to enforcement measures, which could include prosecution, fines, an order to reinstate or compensate an employee and more.

Compliance with Common Law

Employers who do not have enforceable written employment agreements that are up to date and compliant with applicable regulations may be responsible for common law entitlements in addition to those required by the ESA. These entitlements refer to what employees in other similar situations have been awarded by the courts for a failure to provide reasonable notice of termination.

What Employment Agreements Cover

These agreements are meant to be binding, complying with employment law and specifying the terms of a working relationship.

Some of the aspects common to an employment contract include an employee’s job title and description, pay, benefits, probationary period, vacation time and other matters such as work location and hours and workplace policies about confidentiality and security expectations. Importantly, they usually provide for what an employee is entitled to on termination.

A Regular Employment Contract Review is Important

An employment contract review at regular intervals is critical to ensure the agreement continues to be compliant with current legislation.

Employment contracts should be frequently re-examined by an employment lawyer to ensure they are legally enforceable and continue to reflect the working relationship. For example, recent case law dealing with termination clauses rendered many agreements non-compliant. This means any deal employers believed they had in place is now not enforceable. As an employer, failing to review your employment contracts could negatively impact your bottom line.

Clauses in an Employment Contract

Employment contracts contain specific clauses that define specific aspects of the agreement. These clauses are meant to clarify ambiguous language and could deal with such issues as reasonable notice, termination pay or probation to give a clear understanding of your obligations as the employer.

Because they are intended to prevent misunderstandings between the parties who sign an employment contract, it is in the best interests of all involved to have these clauses vetted by an experienced employment lawyer.

Challenges of Employment Contracts

The underlying purpose of these contracts is to protect the rights of all those involved. However, if not drafted properly there may be risks that could render the agreement invalid.

Employment law can be complex and confusing. For example, do you know the difference between an independent contractor and a regular employee?

The legal landscape is also constantly evolving and employment standards legislation that may have been in force when the agreement was first signed may no longer be applicable.

A contract containing ambiguity or unclear language is open to interpretation and could ultimately end up being contested in court. A one-sided agreement that doesn’t comply with legislated workplace regulations or contains only the bare minimum protections can be challenged. That is why a contract review by an experienced employment lawyer is vital.

Benefits of Employment Contract Review

When you hire a new employee the goal is to set off on the right foot to ensure continuing success of the employment relationship. A signed employment agreement that lays out your expectations as an employer can protect your business from unwanted legal challenges.

A strong contract that gives a clear understanding of an employee’s role in the organization, their pay, benefits, duties and termination provisions not only benefits the worker but helps to act as your shield against unwarranted litigation.

That is why a contract that is reviewed at regular intervals is essential. An employment lawyer can point out potential red flags in your agreement and ensure your employment contract meets all statutory minimums.

What to Expect from an Employment Contract Lawyer

When you hire a law firm to conduct an employment contract review, you need advice from lawyers who understand the complexities of the law and who can pivot to meet the challenges of changing legislation and changing employment realities.

Walter Law Group has more than 30 years of experience dealing with employment contracts and truly understands the importance of well-written and specific agreements for each unique employment relationship. We offer expertise in drafting a contract, revising the terms of an existing agreement, or reviewing the details of an existing covenant to ensure it meets the specifics of employment standards legislation.

Choosing the Right Employment Contract Lawyer

Experience and expertise are essential factors when choosing the right employment contract lawyer. We are depended on by businesses of all sizes to provide knowledgeable guidance and the expertise required to make good decisions and solid contracts.

While our success is grounded in our legal proficiency, we have also earned a well-earned reputation for treating our clients with care and compassion. As business owners ourselves, we understand the importance of being approachable and available when we are needed most.

Trusted Employment Advice

A strong employment contract sets a solid foundation for the employee-employer relationship from the very first step and we take this step seriously.

Walter Law Group will work skillfully and diligently to meet and exceed all your employment needs. Contact us today.