Is an employer allowed to hand me a employment contract, 2.5y after i started and expect me to sign it? Alberta. None.

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Customer: is an employer allowed to hand me a employment contract, 2.5y after i started and expect me to sign it ?
JA: What state are you in? It matters because laws vary by location.
Customer: alberta
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that i can think of so far
Answered by ALLawyer in 5 mins 1 year ago
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ALLawyer
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ALLawyer, Expert

Hi, my name is***** am a lawyer in Ontario and will be assisting you with your question today. Please be advised that I am answering from my cellphone, and if I do not respond immediately, I kindly ask for your patience.

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ALLawyer, Expert

Before we begin, please note that this discussion is for providing general information only. It is not detailed or necessarily specific legal advice, and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

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ALLawyer, Expert

IMPORTANT: Please also be advised that I may be working or doing personal tasks while answering questions on JustAnswer, and as such I may not respond immediately. Your understanding is appreciated.

Customer
hell
Customer
hello*
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ALLawyer, Expert

Hi there - your employer CANNOT hand you an employment contract without FRESH CONSIDERATION

Customer
meaning ?
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ALLawyer, Expert

such as a pay raise, promotion, additional vacation time etc.

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ALLawyer, Expert

something that benefits you

Customer
ok, i understand that and i will be telling him that
Customer
basically there has to be an incentive
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ALLawyer, Expert

not incentive, benefit

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ALLawyer, Expert

like both parties have to benefit from the new contract

Customer
oh i dident know there was a difference
Customer
ok
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ALLawyer, Expert

https://clg.ab.ca/programs-services/dial-a-law/signing-a-contract/

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ALLawyer, Expert

under "Written Contracts" heading - "There must be new consideration (such as a pay raise or promotion) if you are offered an employment contract when you are already working for that employer."

Customer
i would also like to know exactly what classifies a Federally formed company and what classifies a provincially formed company
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ALLawyer, Expert

what classifies? well, where it was incorporated.

Customer
what do u mean
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ALLawyer, Expert

when you incorporate a business, you have the option of doing so federally or provincially

Customer
ok, ya
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ALLawyer, Expert

so a provincial corporation may be 123456 Alberta Inc

Customer
i want to know where a moving company / dilivery company falls under that
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ALLawyer, Expert

a federal would be 123456 Canada Inc.

Customer
ok thank you cool ya our trucks have that alberta number on the sdie not canada
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ALLawyer, Expert

it's up to the company, it's their choice.  If you're asking HOW do I know whether it is provincially incorporated or federally, you would have to search its legal name

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ALLawyer, Expert

https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpSrch.html

Customer
with that said, my employer currently is not paying overtime until after 50hours a week
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ALLawyer, Expert

you can search for federal corporations there.  If you want to search a provincial company, you would have to pay for it through a service like Cyberbahn or similar

Customer
has been since i started 2.5y ago
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ALLawyer, Expert

with respect to overtime, you can read more about it here: https://www.alberta.ca/overtime-hours-overtime-pay.aspx

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ALLawyer, Expert

You can see if you fall under one of the exceptions

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ALLawyer, Expert

(I'm a lawyer in Ontario, so laws in Alberta might be SLIGHTLY different)

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ALLawyer, Expert

If you require employment advice in ALBERTA, you might consider getting a FREE 30 MINUTE CONSULTATION from a lawyer in ALBERTA through their law society referral service here: https://www.lawsociety.ab.ca/public/lawyer-referral/lawyer-referral-request/

Customer
oh nice thank you
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ALLawyer, Expert

You're very welcome. Hope I was able to give you a start.

Please be reminded that the advice provided here is for general information purposes only, and you should still consider retaining a lawyer for further assistance.

Thank you for using JustAnswer. Have a great evening! :)

Customer
ok but for sure across Canada i am required a benifit when handed a new contract
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ALLawyer, Expert

yes, for sure

Customer
ok thank you
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ALLawyer, Expert

No problem! :)

Customer
what about a bonus does that work or no
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ALLawyer, Expert

yes

Customer
ok well my employeer tryed to get me to sign this contract as i was walking out the door today and expected me to sign it without actally reading it and at first wouldent let me take it home to read so, im probubly going to take a couple nights to talk it over with a lawyer
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ALLawyer, Expert

that would be a good idea.

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