Amending contracts of existing staff

Employer must provide something beyond continued employment
By Chris Foulon
|Canadian Employment Law Today

Background

All contracts are comprised of three elements. There must be an offer by one party, an acceptance of the offer by the other party and some consideration that passes between the two parties. Without these three elements a legally binding contractual arrangement is not formed.

It is not uncommon for an employer to decide it wants to amend the terms and conditions of employment for existing employees. Such amendments may involve instituting a written contract (where the employees had no written contact previously), instituting a non-competition or non-solicitation agreement, instituting an ownership of inventions agreement or any other agreement that seeks to clarify or amend the rights and obligations of the parties to the employment relationship.