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Tips on Going with or without a Contract

Whitten and Lublin | May 27, 2013

Is a signed employment contract a good thing or are you better off without one? As Daniel Lublin explained in his latest Globe and Mail article, without a written contract, every employee is guaranteed a number of implied legal rights.

 

Are You Guaranteed Rights Without a Contract?

In today’s workplace, employers are increasingly aware of their ability to use employment contracts as loopholes to avoid legal responsibilities. This means that, as an employee, it may be in your interest to forgo a contract in favour of the rights that the government guarantees.

 

Employment Rights

Examples include the right to reasonable notice of termination, which prevents dismissal without notice or severance; the right to refuse adverse changes to compensation or position, from which constructive dismissals arise; and the right to compete freely with a former employer following departure.  However, many contracts reduce or remove these rights entirely, leaving employees with a vastly different playing field than what they would have otherwise received. In these cases, you’re best suited to go without a contract rather than with one.

Daniel Lublin’s whole article, Have you read the fine print of your employment contract? , can be read in the Globe and Mail.