Employment Contracts
Zayouna Law Firm reviews, negotiates and challenges employment agreements in Ontario, for employees signing on and for employees on the way out.
The clause that decides your exit is signed on day one.
An employment agreement is read most carefully at the two moments furthest apart: the week you are hired, when the relationship is warm and the paperwork feels like a formality, and the week you are let go, when a single termination clause can decide whether you receive two weeks of pay or eight months of it. Between those two moments the document sits in a drawer doing quiet work.
The useful news for employees is that a clause on paper is not automatically a clause that binds. Ontario courts will not enforce terms that fall below Employment Standards Act minimums, and a termination provision that fails in one part can fail entirely, which returns the employee to common law reasonable notice. So read the agreement as carefully on the way out as you did on the way in.
YOU DESERVE TO BE TREATED FAIRLY
What your agreement actually decides
Compensation is the part everyone negotiates and rarely the part that causes the dispute. The clauses that matter later deal with how the employment ends, what happens to bonus and commission on the way out, what you can do next, and whether the employer can change your duties, your pay or your location without asking.
A change made after signing usually needs something given in return to be binding. An employer that presents a new agreement mid-employment and offers nothing for it may not be able to rely on it.
THE CLAUSES WORTH READING TWICE
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Non-competes and non-solicitation clauses
Ontario prohibits non-competition agreements for most employees, with narrow exceptions for certain executives and for the sale of a business. Non-solicitation clauses are treated differently and can still be enforced where they are reasonably limited in scope and duration. Many agreements in circulation were drafted before the change and still contain the banned clause.
- A non-competition clause in an ordinary employee agreement, which Ontario law generally prohibits
- A termination clause that pays less than Employment Standards Act notice or severance
- A just cause provision written so broadly that it takes down the whole termination scheme with it
- A bonus forfeited on termination
- A clause letting the employer change pay or duties without your consent
Reviewing an offer before you sign
The best time to change a term is before the offer is accepted, when the employer has already decided it wants you. A review at that point is a short piece of work and the change requested is usually narrow: a notice entitlement, the treatment of bonus on departure, or the removal of a clause the law no longer permits. If the offer is a standard one from a small employer with no restrictive covenants and no unusual termination language, reading it carefully yourself may be all it needs. Ask what a review costs when you call, since a short fixed fee review and an open ended retainer are very different commitments.
When a signed clause does not hold
Signing does not settle the question. A termination clause that offers less than the statutory minimum is unenforceable, and where the termination provisions fail, the employee is generally entitled to common law reasonable notice instead. That is why an offer built on a contractual minimum deserves a second look rather than a signature.
Contractor or employee?
A contract that calls someone an independent contractor does not make them one. Ontario looks at the substance of the relationship, including control over the work, who supplies the tools, and whether the worker can profit from their own efficiency. A worker treated as an employee in practice is generally owed employee entitlements.
Our Employment Contract Experience
Samiya Ahmad reviews agreements before signing and challenges the clauses an employer relies on at termination. Book a free consultation.
Results
A flawed termination clause is often the single most valuable finding in a dismissal file, because it can move the entitlement from a contractual minimum to common law notice.
Relationships
Contract work is short and specific, so you speak with the lawyer reading your agreement instead of passing questions through an intake line. The firm works in several languages, with interpreters available.
Recovery
Whether the goal is a better offer at the start or a proper entitlement at the end, the work is the same: read the document closely and hold the employer to it.
Service Areas
Employment Contracts Etobicoke
Contract reviews for Etobicoke employees and employers, from the Four Seasons Place office in Etobicoke.
Employment Contracts Toronto
Employment agreements reviewed for Toronto professionals and executives, including restrictive covenants.
Employment Contracts Burlington
Contract reviews for Burlington and Halton employees, from the Ironstone Drive office.
Employment Contracts Brampton
Contract reviews for Brampton employees and small businesses, including restrictive covenants.
Employment Contracts Mississauga
Contract reviews for Mississauga employees, including commission and bonus terms.
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Common Questions About Employment Contracts
Are non-compete clauses enforceable in Ontario?
For most employees, no. Ontario prohibits non-competition agreements, with narrow exceptions for certain executives and for the sale of a business. Non-solicitation clauses are a separate matter and can still be enforced where reasonably limited. Many agreements still contain a non-compete written before the prohibition took effect.
Can an employer change your employment contract?
Not unilaterally on fundamental terms. A change usually needs your agreement and something given in return, and a significant change imposed without either can amount to constructive dismissal.
Is a termination clause always binding?
No. A clause that provides less than Employment Standards Act minimums is unenforceable, and where the termination provisions fail, common law reasonable notice generally applies instead.
Are verbal employment contracts binding?
Yes. A verbal agreement can be a binding employment contract, though its terms are harder to prove. Without written terms, common law notice generally applies on termination.
What happens to my bonus if I am terminated?
It depends on the plan wording and on whether the amount was already earned. Language purporting to forfeit an earned bonus isn’t always enforceable.
Can an employment contract override the law?
No. Employment Standards Act minimums can’t be contracted out of, and a term that provides less than the Act requires is unenforceable no matter what you signed.
SPEAK WITH AN EMPLOYMENT LAWYER TODAY
If you are facing wrongful dismissal, workplace harassment, or another employment dispute, our employment lawyers help individuals across Ontario understand their rights and pursue fair outcomes.