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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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Jan 28, 2020 · This rule of fresh consideration is particularly relevant when it comes to termination clauses introduced into amended employment contracts. For example, an employer may require an existing employee to sign an employment contract that adds a restrictive termination clause.
Aug 18, 2021 · To sum up, an employer is NOT allowed to force an employee to accept contract amendments without sufficient consideration (value bargained for in exchange of accepting the new contractual terms) by threatening the employee that he or she would be fired if the new contractual terms were refused.
Sep 28, 2021 · The first lesson is that an employer cannot just unilaterally modify the terms of an employment contract without the employee’s agreement. To amend an employment contract, there needs to be Offer, Acceptance, and Mutual Consideration .
May 22, 2008 · It has generally been accepted that an employer is permitted to change unilaterally a term or condition of employment, including compensation and benefits, by providing reasonable notice of the change to affected employees.
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.
May 21, 2022 · An employer has the right to make changes that are envisaged in the employment contract; if the changes to the employment are substantial, the employee can either accept the changes if the employer provides consideration or rejects the offer and sue for damages based on constructive dismissal.
