LAW 529 Lecture Notes - Lecture 7: The Employer, Non-Compete Clause

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

If employers can simply change the contract terms whenever it suits them, then the original contract terms that employees accepted would be meaningless. The employer and employee must comply with the specified rules for contract modification. Both sides must receive new consideration as a result of the modification. The original contract must be terminated in its entirety by provision of the amount of notice required by the contract. A new contract can then be offered with any terms the parties desire. When the contract expressly deals with contract modifications: the parties to an employment contract can define for themselves the rules governing mid-term contract modifications. It is possible for an employment contract to include a clause permitting the employer to unilaterally amend any term of the employment contract. When the contract does not expressly deal with contract modifications. When the contract does not expressly deal with mid-term contract modifications, (most common scenario in canada), the situation is more legally complex.