Calgary Employment Agreements, Contracts & Restrictive Covenants Lawyers 

Yes. Many employment contracts attempt to limit employees to the minimum notice and severance required under Alberta’s Employment Standards Code. If enforceable, these clauses can drastically reduce what you would otherwise receive under common law.

Statutory notice and severance is the minimum amount required by Alberta legislation. Common law reasonable notice and severance is often significantly higher and is based on factors such as:

• Age
• Length of service
• Position
• Availability of similar employment

No. Courts frequently strike down poorly drafted or illegal termination clauses. If a clause violates employment standards legislation or is ambiguous, it may be unenforceable.

Yes, if done properly. But the employer usually must provide something of value in exchange for the new agreement, such as:

• A raise
• Bonus
• Promotion
• Additional benefits

Without proper consideration, the agreement may not be enforceable. An employer may also provide proper notice of termination of the original employment agreement, and an offer of re-employment on new terms. This, too, must be done properly so it is recommended that you consult an experienced Calgary employment lawyer.

A non-compete clause attempts to prevent an employee from working for a competitor or starting a competing business after leaving employment.

Often, no. Courts generally view non-compete clauses as restrictive and difficult to enforce unless they are reasonable in scope, duration, and geographic area.

A non-solicitation clause restricts a former employee from contacting or soliciting the employer’s clients, customers, or employees after leaving the company.

Absolutely. Many terms in an employment contract are negotiable, especially for:

• Senior employees
• Professionals
• Executives
• Specialized workers

Negotiating before signing is usually much easier than challenging the agreement later.

Important clauses include:

• Termination provisions
• Bonus and commission terms
• Restrictive covenants
• Overtime policies
• Vacation entitlements
• Probation clauses
• Remote work terms
• Ownership of intellectual property

Not usually without your agreement. Significant unilateral changes to compensation, duties, or working conditions may amount to constructive dismissal.

Generally, you are still bound by the agreement once you sign it, even if you did not fully understand the terms.

Yes. In Alberta, employers can generally terminate employment without cause if they provide proper notice or pay in lieu of notice.

Wrongful dismissal occurs when an employer terminates an employee without cause and without providing proper notice, severance, or contractual entitlements.

Constructive dismissal occurs when an employer makes major changes to your employment without your consent, forcing you to resign or consider resigning.

• Examples may include:
• Significant pay cuts
• Demotions
• Toxic work environments
• Major changes to duties or hours

Usually not. Employers often provide deadlines, but employees should take time to review the offer with an experienced Calgary employment lawyer before signing.

Sometimes. However, bonus and incentive clauses must be carefully drafted. Courts may refuse to enforce unclear or unfair language, or language that violates the Alberta Employment Standards Code.

Sometimes, but written contracts usually carry more weight. It is best to ensure important promises are included in writing.

• Before signing an employment agreement
• After receiving a new contract
• Before signing a severance package
• If you were terminated
• If you are being pressured to resign
• If you are concerned about restrictive clauses or workplace changes