An employment contract lawyer in Ontario reviews and negotiates employment agreements before you sign them and determines how the contract affects your rights when your job changes or ends.

A few lines in an employment agreement can affect thousands of dollars in severance, your bonus or commission rights, whether your employer can temporarily lay you off, and what restrictions follow you after you leave. Ontario employment contracts must also respect minimum rights under the Employment Standards Act (ESA). An employee can’t contract out of those statutory protections.

Don’t wait until after you sign to find out what the agreement takes away. The employment lawyers at Samfiru Tumarkin LLP can review a new job offer, a revised contract from your current employer or an agreement your employer is relying on after termination.

⚠️ Don’t sign a new employment contract simply because your employer says it is “standard.” Termination, probation, layoff and restrictive-covenant clauses can materially change rights you would otherwise have.

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When Should You Call an Employment Contract Lawyer in Ontario?

Speak with an employment contract lawyer before signing an agreement that can materially affect your pay, job security, severance or ability to work elsewhere.

Contract review is especially useful when:

  • You have received a new job offer
  • Your current employer asks you to sign a new or revised agreement
  • You are being promoted into a management or executive position
  • Your compensation includes significant bonuses, commissions, equity or stock options
  • The agreement contains a termination clause limiting severance
  • You are being asked to accept a probation period
  • The contract contains a non-solicitation or non-compete provision
  • You are signing a fixed-term agreement
  • Your employer wants broader rights to change your duties, location, hours or compensation
  • You have been terminated and your employer says the contract limits what you are owed

For the broader legal rules, read our guide to employment contracts in Ontario.

💡 The best time to understand a restrictive contract term is before you agree to it. Contract review is not only for employees who have already been fired.

What Does an Ontario Employment Contract Lawyer Review?

An employment contract lawyer reviews the terms that determine what you earn, what your employer can change and what happens when the employment relationship ends.

At Samfiru Tumarkin LLP, a contract review can address:

  • Salary and compensation. Base salary, commissions, bonuses, allowances, incentive plans and equity compensation.
  • Termination clauses. Whether the employer is trying to limit you to ESA minimums instead of common-law severance.
  • Probation. Whether the agreement actually creates a probation period and what happens if you are terminated during it.
  • Job duties and authority. How much flexibility the employer has to change your role or responsibilities.
  • Work location and hours. Whether the agreement gives the employer flexibility to relocate you or alter your schedule.
  • Temporary layoffs. Whether the contract addresses the employer’s ability to place you on an unpaid or reduced-work layoff.
  • Fixed-term language. What happens if an agreement scheduled to last for a defined period is ended early.
  • Non-compete and non-solicitation provisions. Restrictions affecting what you can do after leaving.
  • Confidentiality and intellectual property. Obligations that can continue after your employment ends.
  • Resignation requirements. Contractual notice obligations if you choose to leave.

Ontario law provides minimum standards that an employment agreement can’t waive. The contract can provide employees with better rights, but it can’t lawfully reduce an ESA entitlement below the statutory minimum.

Should You Have a Lawyer Review an Employment Contract Before Signing?

Yes, especially when the agreement limits severance, contains post-employment restrictions or governs significant compensation.

The fact that a contract looks like a standard company template does not mean its terms are unimportant. A termination provision that seems irrelevant on your first day can become the most valuable—or costly—part of the agreement years later.

Can an employment lawyer negotiate the contract for you?

Yes. An employment lawyer can identify terms worth negotiating and propose changes before you accept the offer.

Depending on the role, negotiation can focus on:

  • Termination and severance
  • Base compensation
  • Bonus or commission terms
  • Signing bonuses
  • Equity or stock options
  • Vacation
  • Work location or remote-work terms
  • Probation
  • Non-solicitation provisions
  • Recognition of previous service

Not every provision needs to become a negotiation. A lawyer can distinguish the terms that create meaningful risk from clauses that do not justify holding up the offer.

Do you have to sign the contract immediately?

No. Don’t sign an employment contract on the spot simply because you are excited about the position or feel pressured to respond immediately.

Ask for a copy and enough time to review it. If the employer has set an acceptance deadline, arrange the legal review promptly rather than signing first and asking questions later.

What If Your Current Employer Asks You to Sign a New Contract?

You don’t have to sign a new employment contract immediately simply because your employer gives you one.

A revised agreement can remove or restrict rights that were part of your existing employment relationship. This is particularly important when the new contract adds an ESA-only termination clause, restrictive covenant, layoff provision or broader authority to change your job.

A contract introduced after employment has already started can also raise enforceability questions about what the employee received in exchange for accepting new restrictions. That analysis depends on the agreement and what changed.

⚠️ A raise or promotion can arrive with a new contract that changes much more than your compensation. Don’t focus only on the new salary. Review the termination, layoff, change-of-duties and post-employment clauses before signing.

What if you refuse to sign?

Refusing to sign does not automatically mean you have resigned or abandoned your job.

Your employer can decide how it wants to respond, including whether it will continue the existing relationship or terminate employment without cause. If your employment is terminated without cause, you are entitled to the notice or compensation legally owed to you.

Don’t resign simply because you disagree with a proposed new contract. Have the existing agreement, the proposed replacement and the employer’s instructions reviewed first.

How Can an Employment Contract Affect Your Severance?

An enforceable termination clause can substantially reduce the severance you receive when your employer ends your employment.

Without an enforceable contractual limit, many non-unionized employees are entitled to common-law reasonable notice. An enforceable agreement can instead limit an employee to Ontario’s minimum statutory termination entitlements.

That is why the termination clause should be reviewed twice: before you sign the employment contract and again if you are eventually fired.

Signing the contract does not automatically mean every clause is enforceable. Ontario law determines whether the employer can rely on the wording it drafted.

For a detailed explanation, read our guide to enforceable termination clauses in Ontario.

💡 2026 update: Don’t rely on old advice saying that “at any time” automatically invalidates an Ontario termination clause. The Ontario Court of Appeal has rejected that position. The clause must be read as a whole to determine whether it actually contracts out of the ESA or validly preserves the employee’s minimum statutory rights.

What if you have already been fired?

Don’t accept an ESA-only severance package simply because your employer points to a termination clause.

If the contractual limitation is enforceable, it can control your entitlement. If it is not enforceable, common-law reasonable notice can apply instead.

For many non-unionized employees, the difference is substantial. Depending on factors such as age, position, length of service and the availability of similar employment, severance can reach 24 months’ pay in appropriate cases.

Learn more about severance pay in Ontario.

⚠️ Your employer’s signing deadline is not proof that the severance calculation is correct. Don’t sign a release until both the employment contract and the termination package have been reviewed.

What Other Employment Contract Clauses Should a Lawyer Review?

Pay close attention to clauses that affect what happens after you leave, how easily your employer can change your job and what compensation you can lose.

Non-compete clauses

Ontario prohibits employers from entering into most new non-compete agreements with employees, subject to specific statutory exceptions. The prohibition applies to agreements entered into on or after October 25, 2021.

If your agreement tries to prevent you from working for a competitor or starting a competing business, read our guide to non-compete clauses in Ontario.

Non-solicitation clauses

Non-solicitation clauses are not covered by Ontario’s general non-compete ban and can restrict how you approach former clients, customers or coworkers after leaving. Whether a particular restriction is enforceable depends on its wording and scope.

Learn more about non-solicitation clauses in Ontario.

Probation clauses

There is no automatic probation period in Ontario. A probation period must be clearly written into your employment contract.

If your offer says you will be on probation, check what the clause actually says about termination and how long the probation period lasts. Read our guide to the probation period in Ontario.

Fixed-term contracts

A fixed-term agreement can create significant financial consequences if the employer ends it before the stated expiry date.

Before signing, understand whether the agreement allows early termination and what compensation is owed if the contract ends early. This is particularly important for employees accepting one-year, two-year or project-based agreements.

Bonus, commission and equity terms

Don’t treat bonus, commission or equity language as secondary if those amounts form a meaningful part of your income.

Review when compensation is earned, what happens if employment ends before a payment date, and whether the employer claims discretion to reduce or cancel incentive compensation.

Why Choose Samfiru Tumarkin LLP for an Employment Contract Review?

Samfiru Tumarkin LLP reviews employment contracts from the employee’s perspective: what the agreement gives you, what it takes away and what can happen if the employment relationship ends.

Our Ontario employment lawyers can help you:

  • Understand the agreement in plain English
  • Identify clauses that materially affect your rights
  • Assess whether contract terms comply with Ontario law
  • Identify severance limitations before you accept them
  • Negotiate important changes to a job offer
  • Review a new agreement presented during existing employment
  • Assess restrictive covenants before you move to another employer
  • Determine whether your employer can rely on the contract after termination

Samfiru Tumarkin LLP has helped more than 50,000 Ontarians with workplace issues since 2007. Our employment law team represents non-unionized employees across the province.

Employees in the GTA can also speak with our Toronto employment contract lawyers. We also have employment contract lawyers serving Mississauga, Richmond Hill, Newmarket, Barrie, and Ottawa.

Can you get a contract reviewed after you already signed it?

Yes. A signed employment agreement can still be reviewed to determine what its terms mean and whether particular clauses are enforceable.

This becomes especially important after a termination, when an employer relies on the agreement to limit severance.

What should you bring to an employment contract review?

Bring the complete agreement and any documents that form part of your compensation or employment terms.

That can include:

  • The job offer or employment agreement
  • Previous versions of the contract
  • Bonus or commission plans
  • Equity or stock-option documents
  • Confidentiality or restrictive-covenant agreements
  • Promotion or compensation letters
  • A termination letter and severance package if your employment has ended
⚠️ Unionized? Your employment terms are primarily governed through your collective agreement and union representation. Workplace disputes must be addressed through your union and the grievance process. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

An employment contract can affect your income, job security, future career options and the compensation you receive when employment ends. Understanding those terms before you commit gives you the opportunity to make an informed decision while there is still time to change them.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across Ontario review and negotiate employment agreements, assess new contracts introduced during employment and determine whether employers can rely on contract terms after termination.

Before you sign a new employment agreement, accept a revised contract or agree that a termination clause limits your severance, contact Samfiru Tumarkin LLP and have the contract reviewed.

Before You Sign, Know What the Contract Means

Samfiru Tumarkin LLP can review your employment agreement, identify terms that affect your rights and help you negotiate before you commit.

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