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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.
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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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 · The amount of notice needs to be at least Employment Standards Act minimums and there are specific nuances that make the way this section of the contract is drafted important (get a lawyer!). A written contract can limit the employer’s notice exposure and provide both parties with certainty.
Jul 6, 2020 · Your employer can’t legally force you to sign a new employment contract at any point, especially if the agreement further restricts certain parts of your job.
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.
Certainly they can’t force you to do this – they could terminate your employment “without cause” by paying you full common law severance (could be 2 years’ pay in your case). I certainly would not recommend signing this agreement without getting proper legal advice.