Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
Before you sign an employment contract in Edmonton, have an employment lawyer review the terms that could affect your pay, severance and future career. A job offer may look attractive, but a few clauses can significantly limit your rights if your employment changes or ends.
The Edmonton employment lawyers at Samfiru Tumarkin LLP help non-union employees review and negotiate employment agreements, understand restrictive clauses and protect their legal rights before accepting new terms.
Whether you’re starting a new job, accepting a promotion or being asked to sign a replacement contract, before you sign, always check first.
Need an employment contract reviewed? Contact our Edmonton employment law team or call 1-855-821-5900.
On This Page:
- 1. Contract Review
- 2. Clauses to Check
- 3. Contract Negotiation
- 4. New Contracts at Work
- 5. Already Signed?
- 6. Consultation & Fees
- 7. Common Questions
How Can an Edmonton Employment Contract Lawyer Help?
An employment contract lawyer reviews your agreement, identifies clauses that could limit your rights and explains what should be changed before you sign.
Our Edmonton employment lawyers can help you:
- Review a job offer: Understand the legal and financial consequences of the terms you’re being asked to accept.
- Assess termination clauses: Determine whether the agreement attempts to reduce your future severance entitlement.
- Protect your compensation: Review salary, bonuses, commissions, benefits and incentive plans.
- Evaluate restrictive clauses: Identify non-compete, non-solicitation and confidentiality terms that could affect future employment.
- Negotiate better terms: Help you seek changes to important provisions before accepting the offer.
- Review a replacement agreement: Assess whether your current employer is asking you to give up existing rights.
You do not need to wait for a workplace dispute to speak with a lawyer. Reviewing an agreement before signing can help prevent a much more expensive problem later.
For a broader explanation of the review process, see our guide to employment contract reviews in Canada.
What Should You Check Before Signing an Employment Contract?
The most important contract terms are not always the ones highlighted in a job offer. Pay particular attention to clauses that affect what happens if you lose your job or want to leave.
Termination and Severance Clauses
A termination clause can determine how much compensation your employer must provide if you’re fired without cause.
Without an enforceable contractual limit, many non-union employees may be entitled to common-law reasonable notice, which can be significantly greater than Alberta’s minimum employment standards.
A valid employment contract may limit that entitlement. However, a clause that violates mandatory employment standards or other enforceability requirements may not be legally binding.
Our lawyers can assess the wording before you sign or review its enforceability if you’ve already been terminated.
Learn more about severance pay in Alberta.
Salary, Bonuses and Commissions
Check more than your base salary. An agreement may affect when bonuses are earned, whether commissions remain payable after termination and what happens to other compensation when your employment ends.
Employees who receive significant bonuses, commissions or equity should pay particular attention to these provisions.
Probationary Periods
A probation clause can affect the terms under which your employer may end your employment during an initial period.
Being called a probationary employee does not automatically remove every legal protection. The wording of the agreement, applicable employment standards and circumstances of the dismissal matter.
Non-Compete and Non-Solicitation Clauses
A non-compete clause may attempt to restrict where you can work after leaving. A non-solicitation clause may restrict your ability to contact former clients or customers.
These restrictions can affect your next job or business opportunity. Their enforceability depends on their wording and circumstances, and Alberta courts scrutinize unreasonable restrictions.
Do not assume a clause is enforceable simply because you signed it — or unenforceable simply because it seems unfair.
Job Changes, Relocation and Temporary Layoffs
Some employment contracts give employers greater flexibility to change job duties, compensation, schedules or work locations.
Others attempt to establish a contractual right to temporarily lay off an employee. Those provisions can affect your options when an employer makes a major change to the employment relationship.
If a change is imposed without a valid contractual basis, it may raise constructive dismissal issues.
Can an Edmonton Employment Lawyer Negotiate Your Contract?
Yes. An employment lawyer can help you negotiate important terms before you accept a job offer.
You may have more flexibility than you think, particularly when an employer is recruiting you for a specialized, management or senior position.
Depending on the circumstances, our lawyers can help you seek improvements to:
- Termination notice and severance protections
- Signing bonuses, salary and incentive compensation
- Vacation and benefits
- Remote work, relocation and work-location terms
- Non-compete and non-solicitation restrictions
- Job security and protections against major changes to your role
Not every clause will be negotiable. Our role is to identify which terms present the greatest risks and help you decide whether to request changes.
Can Your Employer Make You Sign a New Employment Contract?
If you already work for an employer, being presented with a new employment contract does not automatically mean you must sign it immediately.
Employers may introduce new contracts when employees receive promotions, change positions or continue in an existing role. Those contracts sometimes include terms that weren’t part of the original agreement.
For example, a replacement contract could:
- Reduce future severance entitlements
- Introduce new restrictions on outside employment
- Change bonus or commission rules
- Expand the employer’s ability to alter duties or working arrangements
- Introduce a temporary-layoff provision
A new agreement for an existing employee raises additional legal questions, including whether the new terms are supported by sufficient consideration and whether they are enforceable.
Do not sign under pressure or refuse a new agreement without understanding the consequences. Get advice about your current rights and the proposed changes first.
What if You’ve Already Signed an Employment Contract?
Signing an employment contract does not necessarily mean every clause is legally enforceable.
If you’ve already signed, an Edmonton employment lawyer can review how the agreement affects your situation.
A review may be particularly important when:
- Your employer has terminated your employment
- You’ve been offered a severance package
- Your employer has reduced your pay or changed your duties
- You’ve been placed on a temporary layoff
- Your employer is relying on a non-compete or non-solicitation clause
- Your bonus or commissions have been withheld
Your employer’s interpretation of the agreement may not be the final word on your legal rights.
If your contract has become the subject of a workplace dispute, learn more about breach of employment contract and our Edmonton wrongful dismissal lawyers.
Employment Contract Review Consultations and Fees
The cost of reviewing an employment agreement depends on the complexity of the contract and the legal work required.
Employment contract reviews and negotiations may involve a paid consultation. Our team will explain the applicable consultation fee before you book.
If you’ve already been terminated and your employment contract affects your severance, different consultation or fee arrangements may be available depending on your circumstances.
You don’t need to know which contract clauses are problematic before contacting us. Tell our team what you’ve been asked to sign and where you stand in the employment relationship.
Employment Contract Lawyer Edmonton: Common Questions
Should I get a lawyer to review my employment contract?
A legal review is particularly valuable when your agreement includes a termination clause, substantial compensation, a fixed term, restrictions on future employment or major changes to an existing job. These provisions can affect your rights long after you sign.
Can an employment lawyer negotiate a job offer in Edmonton?
Yes. An employment lawyer can identify unfavourable terms and help you request changes to severance protections, compensation, bonuses, restrictive clauses and other important provisions.
Can an employment contract limit severance in Alberta?
Yes. An enforceable termination clause may limit an employee’s entitlement to common-law notice or compensation. However, it cannot lawfully provide less than applicable mandatory employment standards. The wording should be reviewed carefully.
Can my employer force me to sign a new contract after I’ve started working?
An employer can propose a replacement agreement, but whether it can impose new terms or take action if you refuse depends on the circumstances. Get legal advice before signing, refusing or resigning.
Is a signed non-compete enforceable in Alberta?
Not necessarily. Alberta courts closely scrutinize restrictive clauses in employment agreements. Whether a specific non-compete is enforceable depends on its wording, purpose and surrounding circumstances.
Do I need an Edmonton lawyer if my employment contract is governed by Alberta law?
A lawyer familiar with Alberta employment law can review a contract even if your employer operates nationally or has an office outside Edmonton. The applicable law depends on the employment relationship and relevant jurisdictional rules.
Can your firm help unionized employees?
Our employment law team represents non-union employees only in employment law matters. If you’re unionized, your employment terms and disputes are addressed through your collective agreement and union.
Have an Edmonton Employment Lawyer Review Your Contract
An employment agreement can affect your compensation, career choices and severance rights for years to come. The best time to understand those terms is before you accept them.
Samfiru Tumarkin LLP helps non-union employees in Edmonton, St. Albert, Sherwood Park, Spruce Grove, Leduc and surrounding communities review employment contracts, negotiate important terms and understand their legal options.
Before you sign, always check first.
Or call 1-855-821-5900.