Recruited by another company in Alberta: Employee rights

What is “inducement”?

Instead of hoping that the right talent will come to them, many employers in Alberta take matters into their own hands — actively recruiting non-unionized workers from other companies.

If your new boss took documented steps to entice you to leave your current job and take up employment with them, this is known as inducement.

• Example: Jane has worked as a sales representative for a company in Edmonton for 15 years. A competitor spends an entire month encouraging Jane to come work for their business instead. After considering the competitor’s offer, she decides to accept and leaves her current employer.

While it can be exciting when another employer shows interest in you, there are several rights non-unionized workers in the province need to be aware of if they are “induced”.

SEE ALSO
• 50% of Canadians plan to change jobs in 2023, survey finds
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• Can I work two full-time jobs at the same time?

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

You don’t have to sign a new employment contract immediately

Before leaving your current job to work for another company, it’s very likely that you will be asked to sign a new employment contract.

Once you receive the new agreement, it’s crucial that you don’t accept it until it has been reviewed by an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

The new employer can’t legally force you to sign it immediately or even a few days after it was provided to you.

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

Your new boss might attempt to:

• Limit your severance package to a few weeks’ pay
• Get out of inheriting your years of service with your previous employer
• Add a clause that gives the company the ability to make significant changes to your job

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

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 things to know about employment contracts

Non-competition and non-solicitation clauses

To prevent competitors from “poaching” their staff, many employers in Alberta include non-competition and non-solicitation clauses in their employment contracts.

In some cases, these clauses might restrict:

• The type of work a non-unionized employee can perform if they leave
• Who the non-unionized employee can approach for business once they begin their new job

In addition to reviewing new employment contracts, our firm can look over your current agreement and advise you on how best to navigate the situation.

SEE ALSO
• Employment Law Show: Non-Competition and Non-Solicitation Clauses
• Employment lawyer on banning non-compete clauses

Your new boss can’t make major changes to your job

While employers in Alberta are generally allowed to make minor changes to a non-unionized worker’s job, significant adjustments can’t be made without the individual’s consent.

Exceptions: There are some situations where your boss might be able to modify the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company permission to make changes
• Your employer gave you reasonable notice of any modifications

If you start working for a new company, and unwanted changes are made to your job shortly after, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.

However, you shouldn’t quit your job until an experienced Alberta employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• Wrongful dismissal in Alberta: Your rights
• Should I negotiate my own severance package in Alberta?

Your new boss can’t pressure or force you to resign

If your new employer is influencing you to step down, document their attempts.

Keep any letters, emails, or text messages that show how the company is pressuring you to quit.

In some cases, the pressure from management can be so extreme that non-unionized employees don’t feel they have any other option than to resign.

If you are forced to quit your job for any reason, reach out to our firm.

In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Facts about forced resignations
• Employment Law Show: Things your employer can’t legally do

Inducement affects your severance entitlements

In Alberta, severance for non-unionized employees can be as much as 24 months’ pay.

The compensation you are entitled to is calculated using several factors, including:

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

In the event that your new boss fires you without cause shortly after pulling you away from your previous employer, the inducement should be taken into consideration when determining your severance entitlements.

• Example: An accountant in Calgary is induced to leave his job after 20 years of service. Roughly a year after joining his new employer, he is terminated without cause. Since the employee was induced, his new boss might have to calculate his severance based on 21 years of service — rather than one year.

As soon as you receive a severance offer, don’t sign anything before contacting an experienced 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.

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: Facts about the termination process

Lost your job? Speak to an employment lawyer

If you are fired or let go by your new boss shortly after being pulled away from your previous employer, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.