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Cannot be forced to accept
- 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.
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Aug 18, 2021 · It is settled law that an employer may transition an employee to a new contract without consideration by providing reasonable notice. In Farber [1997 CanLII 387 (SCC)] , the Supreme Court of Canada made it clear that reasonable notice vitiates the concept of termination. The Divisional Court recently confirmed in Kafka v.
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.
Jul 6, 2020 · My employer wants me to sign a new employment contract. Do I have to? No. Your employer can’t legally force you to sign a new employment contract at any point, especially if the agreement...
Nov 19, 2023 · What can render a signed written employment agreement unenforceable and how can an employment lawyer help? In today's article!
Contrary to some misconceptions, employers in Ontario cannot legally force you to sign a new employment contract. In fact, you have the freedom to choose whether to accept the terms in a new employment contract, or stick with the old ones in your previous employment contract (or better yet, protect yourself with common law employment rights ...
Jun 6, 2023 · The short answer is no. Your employer can’t force you to sign a new contract and any attempt to force you to enter into a new contract is illegal. An employment contract must be agreed upon by both parties.
