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.

SEE ALSO
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• ‘Alberta is Calling’: What to consider before changing jobs

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

Before starting a new job in Alberta, it’s very likely that you will be asked to sign an employment contract.

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

Your employer might attempt to limit your severance pay 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 the Employment Law Show.

Once you receive an employment contract, take the time to carefully review it. Your boss can’t legally force you to accept it immediately or a few short days after receiving it.

If you are unsure about anything in the contract, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We 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?

You Might Have to Complete a Probationary Period

In Alberta employment contracts often contain a “probation clause” that requires non-unionized employees to complete a probationary period when they start working for a new company. If your employer doesn’t indicate the existence of a probationary period in your agreement, it won’t be considered “valid” or “in effect.”

Fired During Your Probationary Period?

If you are fired or let go before the probationary period ends, the company may still owe you a severance package. Your entitlements depend on what you agreed to in the employment contract.

However, if you are terminated after a legitimate three-month probationary period, your employer is required to provide you with working notice or pay in lieu of notice (i.e. severance pay).

• Learn more: Wrongful Dismissal in Alberta: Employee rights

Severance Pay Considerations

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

While a severance package in Alberta can be as much as 24 months’ pay, compensation for non-unionized employees is calculated using several factors, including:

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

Thinking of Quitting?

In most cases, non-unionized workers in Alberta 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 very likely that you could treat it as a constructive dismissal. In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

• ADDITIONAL RESOURCES: Negotiating severance in Alberta

Your Length of Service Affects Your Severance Entitlements

If you are fired without cause or let go, a key factor in determining how much severance pay you are owed is your length of service.

• Example: If you worked at a grocery store in Calgary for 14 years and decide to take a new job in Edmonton that you sought out on your own, you forfeit the severance entitlements 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.

However, there are situations where short-service employees are owed significantly more severance pay than they realize. If your employer fires you without cause, and you have only been with the company for three years or less, don’t accept your severance offer before contacting our firm.

As long as you didn’t sign the offer and send it back to your boss, you have two years from the date of your dismissal to pursue full severance pay. We can review the offer and help you secure the compensation that you are legally entitled to.

SEE ALSO 
• I already accepted a severance package, what should I do?
• Do I have to look for a new job after getting fired?

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 Alberta.

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

• Example: Company X entices you to leave your current job to come work at its head office in Innisfil. If you are terminated shortly after making the switch, the company may be on the hook for enhanced severance pay because of the pressure it placed on you to leave your previous employer.

If this situation applies to you, don’t sign your severance offer until it’s been reviewed by a member of our team.

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.

Starting a New Job? Speak To an Employment Lawyer

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

Our employment lawyers in Calgary have successfully represented tens of thousands of non-unionized individuals. We can help you better understand the terms of the contract and advise you on how best to navigate the situation.