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- An employer can offer a new employment contract to an existing employee, but the employee cannot be forced to accept. An employee’s refusal to accept a new employment contract is not cause for dismissal without pay. However, the employer may terminate the existing employment contract.
www.thespec.com/sponsored-sections/legal-matters/legal-matters-can-my-employer-force-me-to-sign-a-new-contract/article_077a70b5-832c-5553-879d-a28c1b464025.html
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Can a new employment contract be enforceable?
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Jun 26, 2019 · Transitioning existing employees to new contracts, whether they be in writing for the first time or new written contracts with proper drafting, is tricky. In order for a contract to be valid, “consideration” must be given to the employee in exchange for their agreement to the terms.
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18 hours ago · A: An employer can offer a new contract to an existing employee, but the employee cannot be forced to accept. An employee’s refusal to accept is not cause for dismissal without pay. Employment ...
Jan 28, 2020 · [A] modification to a pre-existing employment contract will not be enforced unless there is a further benefit to both parties. This rule of fresh consideration is particularly relevant when it comes to termination clauses introduced into amended employment contracts.
Sep 29, 2021 · Homewood Health Inc., 2021 BCSC 1658 (Homewood Health), the BC Supreme Court confirmed that employers must provide consideration to make amendments to existing employment agreements enforceable.
Aug 22, 2019 · However, the employer must give the employee valid consideration, otherwise the new or updated agreement will not be enforceable. The Ontario Court of Appeal’s decision in Theberge-Lindsay v. 3395022 Canada Inc. serves as a reminder that continued employment in itself is not valid consideration.
Even if the employee signs the contract, the terms may not be able to be legally enforced by the employer at a later date. In another common example, an employer may send an employment candidate an offer letter that details only the essential terms of the hiring contract.
Jan 19, 2023 · You may not be able to rely on a new employment contract if you did not give fresh consideration at the time the contract was signed. This can often mean that termination clauses will be unenforceable and your business can be liable for common law notice if the employee is terminated.
