Are Contracts Signed After You Started Your Job Enforceable in Alberta?
It is more common than many employees expect. You start a new job, work for weeks or months, and then your employer asks you to sign an employment contract—often one that limits termination pay or changes key terms of your employment.
Many Albertans wonder whether a contract signed after employment has already begun is legally enforceable. The answer depends on several legal factors, including whether proper consideration was provided and how the agreement was introduced.
This article explains how Alberta law treats post-hire employment contracts, when they may be enforceable, and when legal advice is essential.
Why Employers Ask Employees to Sign Contracts After Starting Work
Employers may introduce contracts after employment has begun to:
- Standardise agreements across staff
- Add termination or severance limits
- Introduce restrictive clauses
- Reduce legal exposure
While these goals may benefit the employer, they can materially affect an employee’s legal rights.
The Key Legal Issue: Consideration
Under Alberta contract law, a valid contract requires consideration—something of value exchanged by both parties.
When a contract is signed before employment begins, the job itself is usually sufficient consideration. When a contract is introduced after employment has started, continued employment alone is often not enough.
To be enforceable, a post-hire contract typically requires additional consideration, such as:
- A raise or signing bonus
- A promotion or expanded responsibilities
- Additional vacation or benefits
Without proper consideration, the contract or specific clauses may not be enforceable.
Clauses That Commonly Raise Concerns
Post-hire employment contracts often include provisions that deserve scrutiny, including:
- Termination clauses limiting notice or severance
- Non-competition or non-solicitation restrictions
- Changes to compensation or bonus structures
- New confidentiality or intellectual property terms
These clauses can significantly affect an employee’s rights if the relationship ends.
How Alberta Courts Assess Enforceability
When disputes arise, Alberta courts typically look at:
- Whether valid consideration was provided
- Whether the employee had time to review the contract
- Whether pressure or ultimatums were used
- Whether the terms are clear and lawful
Contracts imposed without meaningful choice or compensation may be set aside.
Impact on Termination and Severance Rights
Many post-hire contracts are introduced specifically to limit termination obligations. If a termination clause is enforceable, it may restrict an employee’s entitlement to common-law notice or severance.
Understanding how these clauses interact with Alberta’s Employment Standards Code and common-law principles is critical before signing.
For a broader context on employment-related legal issues, you can browse Libra Law’s employment law articles.
Should You Sign a Contract After You’ve Started Work?
Employees are not required to sign a new employment contract simply because it is presented. In many cases, employees can:
- Request time to review the agreement
- Ask questions or negotiate terms
- Seek legal advice before signing
Signing without understanding the consequences can permanently reduce your legal protections.
Why Legal Advice Matters
Employment contracts shape your rights during and after employment. A lawyer can help you:
- Assess whether a post-hire contract is enforceable
- Identify clauses that may be invalid or risky
- Understand how the agreement affects termination rights
Learn more about how Libra Law assists employees and employers through its employment law services in Alberta.
Get Clear Advice Before You Commit
If you have been asked to sign an employment contract after starting work, legal advice can help you make an informed decision.
The employment law team at Libra Law provides practical guidance for clients across Alberta. You can contact our firm to discuss your employment contract concerns and understand your options before signing.
This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.
