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There's one clause in a a job offer letter I received, bolded on the letter, that I don't understand. The offer letter advises me to get my own counsel regarding this clause. I just want to know what it means so that I can make an informed decision. Here is the paragraph regarding termination. Sentence number two and 3 was bolded in the letter. "Termination without just cause. After completion of the probationary period, the Company may terminate your employment at any time, for any reason, by providing you with written notice in advance or payment of remuneration in lieu of notice pursuant to the provisions of the Alberta Employment Standards Code, or any combination thereof up to a maximum of 8 weeks. You shall not receive any additional renumeration in lieu of notice or any other severance payment beyond the minimum requirements prescribed by the Alberta Employment Standards Code whatsoever. You will not receive any additional notice, or enumeration in lieu of notice, as prescribed under common law." It goes on to recommend I seek independent legal advice before signing. I just want to know what this clause means and what I would be giving up by agreeing to it.
This looks like an attempt to contract out of paying you anything beyond the minimum notice required under the Employment Standards Act (ESA) if they fire you "without cause". In the absence of a contract clause like this, people fired "without cause" can often get much more notice than just the ESA minimum, sometimes up to 24 months' notice, so there could definitely be some legal risk to you if you take this job and sign that agreement. Whether these sorts of clauses are ultimately enforceable at the end of the employment relationship depends on a lot of factors. You would need to have an employment lawyer look over the whole contract for you to give you more specific advice.
010 months ago
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