Are you starting a new job? 5 key rights for non-unionized employees in Canada

Starting a new job is an exciting time. It often marks a new start, a chance to develop your career and the opportunity to learn new skills. But alongside enthusiasm, there are also important legal aspects that every employee should be aware of when moving into a new role. Whether it’s your contract, performance reviews, or understanding your rights if terminated, being informed can protect you in the long run.

Here are five things every non-union employee in Canada should know when starting a new job:

1. No written contract is necessary, but get legal advice before signing one

You do not need to have a written employment contract to start employment in Canada. Employment can be verbal and the law still recognizes your rights as an employee in such situations. However, many employers prefer to present new recruits with a written contract. This document can be much more than just a job offer: it often describes your rights, responsibilities and limitations within the company.

Here’s the thing: not all contracts are created with your best interests in mind. Some may contain clauses that limit your ability to seek severance pay or conditions that attempt to limit your future opportunities if you leave your job. For example, non-compete or non-solicitation clauses may attempt to prevent you from working in the same field or from approaching former clients after you leave the company.

LEARN MORE: If your employer insists on a non-competition clause, can they really enforce it?

Before signing anything, it is essential to have an employment lawyer from Samfiru Tumarkin LLP review the contract. We can help ensure that you don’t give up important rights or agree to unfair terms that could come back to haunt you later. Even if you don’t have a written contract, your rights are still protected by our courts, but having legal advice upfront can help you avoid potential problems later.

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2. Disagree with a performance review? Put it in writing

You’re settling into your new role when, unexpectedly, you’re faced with a performance review that you believe is unfair. Perhaps you have been placed on a performance improvement plan (PIP) or your boss has criticized aspects of your job that you believe do not reflect your actual performance. What should you do?

It is important to understand that while employers have the right to evaluate performance, they do not have the right to create false or exaggerated claims about your work. If you disagree with a notice or PIP, the most important action you can take is to document your objection in writing. Sending an email is the best way to do this, as it creates a clear digital trail that you can easily follow and refer to later if necessary. Be sure to respond in a professional manner, explaining why you think the review is unfair or inaccurate. This written record could be crucial if the situation escalates to a termination, or if the employer attempts to use the review to justify termination for cause – something PIPs are often used by employers to attempt, but rarely succeed in proving . By documenting your disagreement by email, you protect yourself and establish a timeline of events that could prove essential.

LEARN MORE: Does a performance improvement plan mean you’re fired?

3. You don’t have to accept major job changes that you didn’t agree to

At some point during your employment, you may face significant changes in your job, whether it is a reduction in salary, a change in job responsibilities, or a transfer to another place. Many employees feel they have to accept these changes, especially if they come from upper management. But here’s what you need to know: Major changes to your terms of employment that you didn’t agree to can be considered an illegal breach of contract.

This is often called a “constructive dismissal”. If your employer changes fundamental aspects of your job without your consent, such as a reduction in your hours or a significant change to your role, you may have grounds to consider this a dismissal, entitling you to severance pay. Before agreeing to any changes, it is essential to seek legal advice from my employment law team. You don’t have to settle for a situation that makes your job unrecognizable or much more difficult to manage.

LEARN MORE: Top 5 Trial Period Myths You Need to Know About When Starting a New Job

4. You can be fired without cause – but severance pay is essential

This might surprise you, but in Canada, your employer doesn’t need a reason to let you go. As long as the termination is not discriminatory or illegal (for example, based on your age, race, gender, etc.), they can terminate your employment without cause. There is, however, an important caveat to this: you must receive an appropriate severance package.

Severance pay isn’t just a courtesy, it’s your legal right. The amount you are owed depends on various factors, including how long you have been with the company, your age, your role and your ability to find comparable employment. In many cases, severance pay can be as much as 24 months’ salary, especially if you’ve been with the company for a long time or are in a management position. Although some employers may offer the minimum required by government legislation, you are often entitled to much more.

Never assume that the starting offer you receive is fair. Employers often try to minimize costs, which can mean giving employees far less than they are owed. This is why it is crucial to consult an employment lawyer at Samfiru Tumarkin LLP before accepting an offer. We will review your situation and help you get the full compensation you deserve. You can also use our severance calculator, available for Ontario, Alberta and British Columbia, to get an initial understanding of what you may be entitled to.

LEARN MORE: Do you lose your severance pay if you don’t sign within the deadline set by your company? The lawyer explains why not

5. Recruited into another job? Your years of service count towards severance pay

If you were actively recruited to leave a previous employer for a new opportunity, your years of service at your previous company could play a significant role in determining your severance package if you are subsequently terminated from your new job. This is called “incentivizing”.

Enticement occurs when a company convinces you to leave your secure job for a new position, often offering a higher salary, better benefits, or a more attractive opportunity. However, if you are terminated shortly after joining the new company, your previous years of service may still be taken into account when calculating your severance pay. This could make a substantial difference in the amount of severance you receive.

Many employees don’t realize that time spent with a previous employer could count toward their severance package. This is why it is so important to work with an employment lawyer from my firm if you are terminated after being hired. We will ensure that your full years of service are recognized so that you receive appropriate compensation.

Starting a new job is full of possibilities, but it is essential to know your rights from day one. Whether it’s understanding your contract, knowing what to do with performance reviews, or protecting yourself in the event of termination, being informed is key to safeguarding your career. If you ever encounter a problem or uncertainty in your work, do not hesitate to seek legal advice. My team is here to make sure you are treated fairly and receive the compensation you deserve.

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Are you starting a new job? You don’t know what your rights are?

Contact the office or call 1-855-821-5900 for a consultation with an employment or disability lawyer. We will provide you with the advice you need and the compensation you deserve.

Lior Samfiru is a lawyer specializing in labor law and co-founding partner of Samfiru Tumarkin LLPCanada’s top-rated law firm specializing in employment law and long-term disability claims. It provides legal insight into the sole Labor Law Fair on television and radio.