During a news conference last month, Alberta Premier Jason Kenney announced the “Alberta is Calling” program. The $2.6-million campaign is focused on attracting skilled workers from Ontario and British Columbia to the province.
In the announcement, Kenney highlighted Alberta’s lower taxes, housing affordability, shorter commutes to work and proximity to the Rocky Mountains.
If you are thinking about answering Alberta’s call — or just want to pursue a new career opportunity — here are four things to consider before changing jobs.
- Your new employment contract could limit your rights
Employment contracts may take away key protections that would otherwise be available to you.
Your new employer might try to limit your severance package to a few weeks’ pay or add a clause that allows them to put you on a layoff without penalty in the future.
READ MORE: Given a new employment contract? Review these key clauses
Before accepting a new employment contract, carefully review the document. If you are unsure about what you are signing, an employment lawyer can examine the agreement and tell you how it could influence your job.
- How long you work for a company impacts your severance pay
Before changing jobs, consider future severance possibilities. The amount of time you have worked for your current employer plays a key role in determining how much compensation you are entitled to if you are fired without cause or let go.
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Severance can be as much as 24 months’ pay. It’s calculated by your length of service, as well as other factors including age, position and ability to find new work.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
If you’ve worked at a company for more than 20 years and decide to take a new job that you sought out on your own, you lose the severance entitlements tied to your seniority with your current employer.
As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.
I recommend negotiating your seniority from your previous employment as a term of your new job. My firm can assist you during this process.
- You don’t lose your seniority if you are actively recruited by another company
In some cases, the opportunity to change jobs arises because another company wants you. They might offer you more money or better benefits to entice you to come work for them instead of your current employer.
If your company took documented steps to recruit you, then they inherit your length of service with your previous employer. This is called inducement.
Recruitment changes the landscape if your new employer decides to fire you without cause or let you go. The severance entitlements that you built up before and after being recruited must be considered.
If a company pulled you away from your old job after 15 years of service, then dismissed you two years after hiring you, your severance package should be based on 17 years of seniority.
READ MORE: 5 ways to determine if your severance package is fair
Before accepting a job offer from a company actively trying to recruit you, make sure your new employment contract references your previous years of service. My firm can ensure that the agreement contains the correct clause to protect your seniority.
- If you quit your current job, you may not be owed severance
You typically don’t get a severance package if you resign from your position voluntarily to pursue new career opportunities. Severance is designed to provide you with financial support while you look for new work after being fired without cause or let go.
If you are forced to leave, however, because of unwanted changes to your job, including workplace harassment, you could file a claim for constructive dismissal. This would allow you to quit your job and still receive full severance pay.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
If you believe that you have been constructively dismissed, use my firm’s free Pocket Employment Lawyer tool to better understand your workplace rights and how an employment lawyer can help.
Speak with an employment lawyer before changing jobs
Once you receive your new employment contract, don’t sign it immediately. Have an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP, review the agreement.
Our team can help you better understand the terms of the contract and ensure that your workplace rights are protected.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Looking to change jobs? Not sure how your new employment contract could affect your rights?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or British Columbia. Get 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 free advice as the host of Canada’s only Employment Law Show on TV and radio.