After working at a company for a few months or years, it’s not uncommon for British Columbians to be asked to sign a new employment contract.
In many cases, non-unionized employees in the province are eager to accept – believing that they need to sign the agreement to protect themselves.
The reality is that employment contracts often take away key protections that would otherwise be available to British Columbians.
If your employer asks you to sign a new agreement, here are three things you shouldn’t do.
1. Don’t accept it immediately
A common misconception is that non-unionized workers in B.C. need to sign a new employment contract as soon as possible.
Once you receive a new agreement from your boss, don’t accept anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. The company can’t legally force you to sign it immediately or a few days after it was provided to you.
In some cases, employers add clauses that allow them to limit a worker’s severance package to a few weeks’ pay or make major modifications to an individual’s job.
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We can review the contract and make sure that your workplace rights are properly protected.
2. Don’t quit your job
After being asked to sign a new employment contract, several of our clients were so upset that they almost handed in their resignation.
While it can be tempting to do something drastic in the heat of the moment, such as quit your job, remaining calm is key.
If you resign voluntarily, your employer doesn’t owe you a severance package, which can be as much as 24 months’ pay.
READ MORE: 5 ways to determine if your severance package is fair
In addition to severance, you won’t be able to access employment insurance benefits – making it harder to support yourself financially as you look for new work.
However, if you were forced to quit your job for any reason, contact our firm.
Not only could you be entitled to full severance pay, but also compensation for any damages associated with the end of your employment.
3. Don’t challenge it on your own
While it might seem like a good idea to go toe-to-toe with your employer over the new employment contract, you are better off seeking legal counsel.
In many cases, these agreements aren’t enforceable – failing to hold up in a court of law for various reasons.
The experienced employment law team at Samfiru Tumarkin LLP has helped numerous non-unionized individuals in B.C. resolve their workplace issues.
We can determine if the contract is unenforceable, assess your legal options and help you secure the compensation you are owed.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of the firm’s clients, a senior operations manager in Vancouver, was informed by her boss during a phone call that her managerial responsibilities were being removed as part of a “company-wide restructuring.”
Immediately after the call, she clearly stated in an email to her employer that she didn’t approve of the change to her job duties.
Despite her objection, the company went ahead with the modification – claiming that the new employment contract she recently signed gave them the ability to do so.
Confident that her employer didn’t have the right to alter the terms of her employment without her consent, the worker reached out to Samfiru Tumarkin LLP.
After reviewing her employment contract, our lawyers determined that the agreement wasn’t enforceable – making the removal of her managerial responsibilities illegal.
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As a result, we were able to secure full severance pay for the manager through a constructive dismissal claim.
Received an employment contract? Boss pressuring you to accept it immediately?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in British Columbia, Alberta and Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Sandy Chen 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 free advice through Canada’s only Employment Law Show on TV and radio.