• Employment – Making the Offer and Varying the Contract

    From time to time, I’ll be posting information of interest provided by other lawyers and professionals with whom I sometimes work. Today, I’m posting an article by Daniel Lublin of Whitten & Lublin LLP. Dan recently wrote a piece on a case that illustrates the dangers when employees and employers do not share a common understanding of the terms of employment. For employers, one of the lessons of this piece is to ensure that when the offer is made to the employee, the terms of the offer are clear. If there is an employment agreement to be signed, it should be given to the prospective employee before the job is accepted, and the employee should be given time to reflect and seek advice. And of course, if the terms of employment are varied later on, the variation must be done properly.


    Fresh “consideration” required to support variation of contract

    On Krzysztof Rejdak’s first day of work, he found himself in a pickle. He was given an employment contract with a three-month probationary term and asked to sign his name. For Rejdak, who had already resigned from his previous long-term job, his options were grim: he could either sign his name and agree to be a probationary employee or he could refuse and potentially be unemployed. Fortunately for Rejdak, he later learned in court that not all signed agreements will ultimately be enforced.

    For seven years, Rejdak honed his skills as a sports editor at the Ontario-based sports television network, The Score. When an opportunity came about at The Fight Network Inc., a start-up digital television channel focusing on fighting, Rejdak’s response was swift. He interviewed for an editor’s position.

    Impressed with his skills, The Fight Network then telephoned Rejdak and offered him the job. After they had discussed his title, salary and start date, Rejdak was satisfied with the offer and the next morning he resigned from The Score.

    Later in the day, Rejdak showed up at The Fight Network set to work. But his bosses were surprised to see him there so quickly, since he hadn’t yet signed the standard employment contract given to all new employees. Rejdak was then given a contract containing a three-month probationary period.

    (read the rest here)

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