Starting a new job is an exciting time. It often marks a fresh beginning, a chance to grow your career, and the opportunity to learn new skills. But alongside the excitement, there are also important legal aspects that every employee should be aware of when they step into a new role. Whether it’s about your contract, performance reviews, or understanding your rights if you’re let go, being informed can protect you in the long run.
Here are five things every non-unionized employee in Canada should know when starting a new job:
1. No written contract needed, but get legal advice before signing one
You don’t need to have a written employment contract to start a job in Canada. Employment can be verbal, and the law still recognizes your rights as an employee in such situations. However, many employers prefer to present new hires with a written contract. This document can be much more than a simple job offer—it often outlines your rights, responsibilities, and limitations within the company.
Here’s the catch: not all contracts are created with your best interests in mind. Some may contain clauses that restrict your ability to seek severance or terms that try to limit your future opportunities if you leave the job. For instance, non-compete or non-solicitation clauses may attempt to prevent you from working in the same field or approaching former clients after you leave the company.
READ MORE: If your employer insists on a non-compete clause, can they actually enforce it?
Before you sign anything, it’s crucial to have an employment lawyer at Samfiru Tumarkin LLP review the contract. We can help ensure you’re not signing away important rights or agreeing to unfair terms that could come back to haunt you later. Even if you don’t have a written contract, your rights are still protected by our courts, but having legal guidance from the start can help you avoid potential issues down the road.
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2. Disagree with a performance review? Put it in writing
You’re settling into your new role when, unexpectedly, you’re hit with a performance review that you feel is unfair. Maybe you’ve been placed on a Performance Improvement Plan (PIP), or your boss has criticized aspects of your work that you don’t believe reflect your actual performance. What should you do?
It’s important to understand that while employers have the right to review performance, they don’t have the right to create false or exaggerated claims about your work. If you disagree with a review or a PIP, the most important step you can take is to document your objection—in writing. Sending an email is the best way to do this, as it creates a clear, digital trail that you can easily track and refer to later if necessary. Make sure you respond in a professional manner, outlining why you believe the review is unfair or inaccurate. This written record could be crucial if the situation escalates to a dismissal, or if the employer tries to use the review to justify a termination for cause—something PIPs are often used by employers to attempt, but rarely succeed in proving. By documenting your disagreement via email, you protect yourself and establish a timeline of events that could prove to be essential.
READ MORE: Does a performance improvement plan mean you’re getting fired?
3. You don’t have to accept major job changes you didn’t agree to
At some point during your employment, you may face significant changes to your job—whether it’s a cut in salary, a shift in job responsibilities, or a transfer to a different location. Many employees think they’re required to accept these changes, especially if they come from higher management. But here’s what you need to know: major changes to the terms of your employment that you did not agree to can be considered an illegal breach of contract.
This is often referred to as “constructive dismissal.” If your employer changes fundamental aspects of your job without your consent—such as reducing your hours or changing your role significantly—you may have grounds to treat this as a termination, entitling you to severance pay. Before you accept any changes, it’s critical to seek legal advice from my employment law team. You don’t have to settle for a situation that makes your job unrecognizable or significantly harder to manage.
READ MORE: Top 5 myths about probation periods you need to know when starting a new job
4. You can be let go without cause – but severance pay is a must
It might surprise you, but in Canada, your employer doesn’t need a reason to let you go. As long as the termination isn’t discriminatory or illegal (e.g., based on your age, race, gender, etc.), they can terminate your employment without cause. However, there’s a significant caveat to this: you must receive proper severance pay.
Severance isn’t just a courtesy—it’s your legal right. The amount you’re owed depends on a variety of factors, including how long you’ve worked at the company, your age, your role, and your ability to find comparable employment. In many cases, severance can be as much as 24 months’ pay, particularly if you’ve been with the company for a long time or held a senior position. While some employers may offer the minimum required by government legislation, you’re often entitled to much more.
Never assume the severance offer you receive is fair. Employers often try to minimize costs, which can mean giving employees far less than they’re owed. That’s why it’s crucial to consult with an employment lawyer at Samfiru Tumarkin LLP before accepting any offer. We’ll review your situation and help you secure the full compensation you deserve. You can also use our Severance Pay Calculator—available for Ontario, Alberta, and B.C.—to get an initial understanding of what you may be entitled to.
READ MORE: Do you lose severance if you don’t sign by your company’s deadline? Lawyer explains why not
5. Recruited from another job? Your years of service count for severance
If you were actively recruited to leave a previous employer for a new opportunity, your years of service at your previous company might play a significant role in determining your severance if you’re later let go from the new job. This is called “inducement.”
Inducement occurs when a company convinces you to leave your secure job for a new role, often offering higher pay, better benefits, or a more exciting opportunity. However, if you’re terminated shortly after joining the new company, your previous years of service may still count when calculating your severance. This could make a substantial difference in the amount of severance you receive.
Many employees don’t realize that their time at a previous employer could factor into their severance package, which is why it’s so important to work with an employment lawyer at my firm if you’re let go after being recruited. We’ll ensure that your full years of service are recognized, so you receive the appropriate compensation.
Starting a new job is full of possibilities, but it’s essential to be aware of your rights from day one. Whether it’s understanding your contract, knowing what to do with performance reviews, or protecting yourself if you’re let go, being informed is the key to safeguarding your career. If you ever face an issue or uncertainty in your job, don’t hesitate to reach out for legal advice. My team is here to ensure you’re treated fairly and receive the compensation you deserve.
Starting a new job? Not sure what your rights are?
Contact the firm or call 1-855-821-5900 for a consultation with an employment or disability lawyer. We will get you the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law, and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.