Just months after making its Canadian debut in Toronto, Shake Shack is expanding its footprint in the city.
The burger chain plans to open two new stores at Union Station and Yorkdale Shopping Centre this winter. Shake Shack’s Union Station location will be one of the few “Shacks” to feature a full bar and speciality cocktails.
As the company increases its presence in Toronto’s food scene, that means more employment opportunities for Torontonians.
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Here are three key rights that non-unionized workers need to be aware of before starting a new job in Ontario.
1. You don’t have to sign an employment contract immediately
A common misconception is that Ontarians need to accept an employment contract as soon as possible.
If you receive a job offer from an employer, don’t sign anything before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t force you to accept it on the spot or a few days after it was provided to you.
In many cases, employment contracts take away key protections that would otherwise be available to non-unionized workers in the province.
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Our firm can review the agreement and ensure that your rights are properly protected.
2. You might be owed severance pay if you’re fired during probation
For most Ontarians, being asked to complete a probationary period when starting a new job isn’t unusual.
If you are fired or let go during this time, you might be owed severance pay—even if the employment contract you signed contains a “probation clause.”
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Fortunately for one of our clients, a restaurant manager in Toronto, there was no mention of this provision in her agreement.
During her third week of probation, the individual received a phone call from her boss—informing her that she was being let go because the company didn’t feel she was “the right fit for the position.”
Fighting back tears, she thanked her employer for the clarification and cleared her desk following the call.
Once she got home, the manager contacted Samfiru Tumarkin LLP—curious if she was entitled to severance pay.
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While reviewing her employment contract, we noticed that the agreement didn’t contain a probation clause.
After conversations with her employer, we were able to secure a favourable amount of compensation for our client.
3. Inducement affects your severance entitlements
To avoid missing out on top talent, many employers in Ontario actively recruit non-unionized workers from other companies.
When businesses take documented steps to pull individuals away from their current employer, this is known as “inducement.”
If you decide to work for a company that is trying to recruit you, and you are fired or let go shortly after making the switch, contact the experienced employment law team at Samfiru Tumarkin LLP before accepting a severance offer.
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Since 2007, our firm has helped tens of thousands of Ontarians resolve their workplace issues.
We can confirm that the inducement was correctly factored into your severance package and help you obtain the compensation you deserve if it wasn’t.
Being pressured to accept an employment contract or severance offer immediately?
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 and Jeremy Herman are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides legal insight on Canada’s only Employment Law Show on TV and radio.