Tech giant Mphasis to hire 560 workers in Calgary: Your rights

Months after establishing its Canadian headquarters in Calgary, Mphasis is preparing to expand its workforce in Alberta.

According to The Calgary Herald, the global tech giant will receive $7-million from the Opportunity Calgary Investment Fund (OCIF) over four years to help the company recruit and hire 560 people.

“Alberta as a province is growing and thriving, given the energy sector and oil and gas sector and the digital transformation,” Mphasis CEO Nitin Rakesh told the paper.

“I think this is a great opportunity for us to get great, amazing talent from the global market and bring them to Calgary.”

In addition to hiring, the company said the funds from the OCIF will be used to enhance work-integrated learning opportunities for up to 100 students.

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Mphasis opened its downtown Calgary office in June 2022 — promising to bring 1,000 jobs to the local sector.

The company’s LinkedIn page claims that it has more than 140 employees in Canada.

If you are thinking about joining the growing team at Mphasis, here are a few things you need to keep in mind.

Carefully review your new employment contract

In most cases, employment contracts take away key protections that would otherwise be available to non-unionized workers in Alberta.

Employers might attempt to limit your severance package to a few weeks’ pay, or add a clause that gives them the ability to make significant changes to your job.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

Before signing a new employment contract, take the time to carefully review it.

If you are unsure about anything in the agreement, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

Your employer can’t legally force you to accept it immediately or a few days after receiving it. You should be given at least one week to consider the terms outlined in the contract.

Our firm can review the agreement and ensure that your workplace rights are properly protected.

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You might have to complete a probationary period

When joining a new company in Alberta, it’s very likely that you will have to complete a 90-day probationary period.

During this “employment trial”, employers can fire non-unionized workers for any reason without having to provide them with their statutory severance entitlements. However, there is a chance you could be entitled to compensation under common law.

Other employment entitlements, such as benefits and vacation days, are often unavailable until the probationary period ends.

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Severance pay considerations

Before changing jobs in Alberta, you need to consider future severance possibilities.

While severance can be as much as 24 months’ pay, compensation for non-unionized employees, including those working for Mphasis, is calculated using a number of factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

If you quit your current job, you may not be owed severance

Non-unionized workers in Alberta typically don’t get a severance package if they resign from their position voluntarily to take up employment elsewhere.

Severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you are forced to leave because of unwanted changes to your job, it’s likely that you could treat it as a constructive dismissal. In this situation, the law would allow you to pursue full severance pay despite your resignation.

If you believe that you have been constructively dismissed, speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

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The longer you work for a company, the more severance you’re owed

In Alberta, your length of service with your current employer does affect how much severance pay you are owed if you are fired without cause or let go.

• Example: If you worked at a software company in Edmonton for 15 years and decide to take a new job in Calgary that you sought out on your own, you forfeit the severance entitlements that you built up with your current employer. As a result, if you are fired without cause or let go shortly after joining the new business, you could receive very little compensation.

Recruited by another company?

In some cases, non-unionized workers leave their current job after being actively recruited by another company.

If your new employer took documented steps to entice you to take up employment with them, this is known as inducement.

In the event that the company decides to fire you shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

Once you receive a severance offer from your new employer, don’t sign anything until you speak with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We can confirm that the inducement has been properly factored into your severance package and help you secure the compensation you deserve if it isn’t.

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Looking to change jobs? Speak to an employment lawyer

Before signing a new employment contract in Alberta, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our Alberta employment lawyers in Calgary and Edmonton can help you better understand the terms of the contract and advise you on how best to navigate the situation.