When the situation of termination of an employee or offering of a new position or even promotion in a given company, it is not a rare occurrence to have the employer bring legal documents to sign. These forms might just appear to be part of the ordinary procedure or are not dangerous but usually contain contents that can have a big effect on the rights of an employee. Most employees either under trust or pressure or ignorance also sign such an agreement without giving much thought about their legal implication.
There is no possibility that in Canada, and especially in British Columbia, an employer is obliged to interpret all clauses of the contract. That responsibility lies with the employee. Not taking the time to read everything or become conversant with what you are signing may lead to forfeiture of rights to claim severance pay, sign excessively conservative non-compete requirements or waive your legal rights. It is due to this that caution and legal advice are important before signing on the dotted paper.
The Problem with Termination and Severance Agreements
Termination is one of the most frequent cases when employees involuntarily forfeit the rights. Employers can also offer a severance package with release as such which is an opportunity in which the employee pledges not to claim any lawsuit or claim any legal action against the employer in receipt of payments later. Though the offer might sound generous on the surface, the pay can turn out to be low in relation to what the employee is entitled by the law to be paid.
Several employees do not realize that in some cases they might be entitled to a significantly larger package of severance pay than they could receive under the terms of their normal employment contract and this is especially true when employees have a well established record of service or have a skills or expertise that is specialized. By signing the release, the right to appeal the termination does not matter whether it was just or unjust. This can be achieved by consulting with an employment lawyer in Vancouver prior to the time of accepting a severance package, which can be a good idea to ensure that you are not being satisfied with less than you are entitled to.
The Effect of Contracts signed at the Entry of employment
People who have just been employed are often requested to sign employment contracts where the most important terms are notice periods, the job responsibilities, and obligations after the job termination. When a person just starts working somewhere, they tend to consider how to impress a new employer instead of reading legal texts. Unluckily, it is also at this point that employees subscribe to future rights termination unknowingly.
As an example, termination clauses in some contracts may reduce severance to the minimum required by the law even where the employee would otherwise be entitled in the common law to a considerably larger amount. In other contracts there might be non- compete or non-solicitation agreements that might hinder future employment. Signatures in these documents are binding and in most instances, it can be really hard to refute.
The Pressure to Sign Quickly and Its Consequences
Employers may even exert undue pressure to make hasty signing of an agreement through time-related incentives or intimation of possible loss of opportunity in case of not signing the agreement. Although one is tempted to consider himself or herself to be in a rush or feel intimidated, it does not always render such an agreement invalid with a signature signed under pressure. The contract will still be enforceable in most cases in the courts unless it can be proved that there was some serious coercion or failure to understand.
It is important to have time going through any document related to employment and consult with a lawyer. A skilled employment lawyer would know of hidden nightmares and would guide on whether modifications ought to be sought. The employees can demand time to think over the conditions, and such demand can help them avoid severe future pitfalls.
The Importance of Legal Advice Before Signing
Employment related legal documentations should never be signed blindly and without examination. Some of the employees think that by not signing they may lose their job or the settlement but these are only aspects of the risks arising in signing an unfair agreement because the danger usually exceeds the gain of an immediate settlement. Once signed, these agreements are very difficult to undo.
A visit to the wage and hour lawyer may avail more knowledge to the employees on what exactly they are into and whether they are being fairly or otherwise. In such cities as Vancouver, one can find professionals specializing in employment law and able to help them to review the contracts, negotiate and defend rights. Their suggestions may be the key to a safe future and misunderstanding.
