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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I work in Burnaby, BC. On Thursday, August 13, we found out

Customer Question

I work for Ericsson in Burnaby, BC. On Thursday, August 13, we found out that we were being transferred to an Indian company called HCL. On Friday, I received a new employment contract, which has to be signed by Thurday, August 20. The new contract is
supposed to be 'comparable' to what we had with Ericsson. There's a number of things I don't like in the contract. In particular, I don't like the section regarding dismissal without cause, and the severance package. The concern is that, if we don't sign,
we will lose our jobs, and get nothing. However, I don't want to sign it as is. I plan to discuss with an HR person from the new company on Monday, and see if I can negotiate any of this. What can I do here? I may try to contact a lawyer, but don't have much
time. I'm actually leaving for vacation on Tuesday, so I kind of need to take care of things on Monday. Can I just modify parts of the contract I don't like? I don't know really how to negotiate this type of thing, and what are the consequences if I don't
sign?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

If you are dismissed then you are entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

You cannot force the employer to keep you on and they cannot force you to sign.

You can try modifying the contract but I don't see why they would accept that.

If you do sign the contract you will later regret it from what you are saying so you cannot sign it as it stands.

Customer: replied 1 year ago.
I need to negotiate, but I'm not sure if I can. I don't know if they're willing to negotiate, and I don't know how to go about negotiating. I will have to see if I can find out more.
Expert:  Legal Ease replied 1 year ago.

If they won't negotiate at the end of the day you may have to sue them unfortunately.

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