The Importance of Fresh Consideration in Employment Contracts

Posted on by David Goldberg Posted in Employment Contracts, Employment AgreementsTagged ,

In British Columbia, employers frequently revise employment agreements to reflect evolving roles and responsibilities, or compensation structures. However, one critical legal principle often overlooked in this process is the requirement for fresh consideration. Without it, employers risk having their updated agreements declared unenforceable, a mistake that can be costly in employment litigation.

What Is “Consideration”?

At its core, “consideration” refers to something of value exchanged between parties entering into a contract. In the employment context, this usually means offering the employee something new, such as a promotion, raise, signing bonus, or new benefits, in exchange for their agreement to new or updated contract terms. “Fresh consideration” is simply a further exchange of value if you intend to change a pre-existing contractual relationship.

Fresh consideration becomes particularly important when:

  • An employee signs a contract after having already started work; or
  • An employer attempts to change an existing employment agreement.

Without fresh … Continue reading

B.C. Employers Can No Longer Require Sick Notes for Short-Term Absences

Posted on by Ben Tarnow Posted in Workplace Policies, BC Employment Standards ActTagged ,

On April 15, 2025, the British Columbia government introduced Bill 11, amending the Employment Standards Act [RSBC 1996] CHAPTER 113 to prohibit employers from requiring medical notes for short-term absences due to illness or injury. This legislative change aims to lessen the administrative burden on already an overworked healthcare system and streamline the process for employees taking sick leave.

What Changes Under Bill 11?

The previous status quo under the Employment Standards Act [RSBC 1996] CHAPTER 113 allowed employers to request “reasonably sufficient proof” of illness or injury, which often was provided by way of a doctor’s note. With the new amendments, employers are explicitly prohibited from requiring medical documentation for an employee’s short-term absence. As with everything in the law, the devil is in the details and the specific definition of “short-term” will be established through forthcoming regulations, developed in consultation with various stakeholders, with the intent of … Continue reading

Employment Contracts That Violate the Employment Standards Act

Posted on by Brian Jacobson Posted in Employment Contracts, Employment AgreementsTagged , , ,

Employment contracts are fundamental to the relationship between employers and employees. These legal agreements outline the terms of employment, including job responsibilities, compensation, benefits, and termination conditions, amongst a myriad of other things. However, not all employment contracts are created equal.

Employment contracts in British Columbia are subject to various statutory requirements, primarily governed by the Employment Standard Act [RSBC 1996] CHAPTER 113 (ESA). While employers and employees have some flexibility in negotiating terms, any agreement that contravenes the minimum standards set out in the ESA is unenforceable.

The Employment Standard Act Minimums

The ESA is legislation enforced in British Columbia that was designed to protect the rights of workers and ensure fair treatment in the workplace. The ESA sets minimum standards for various aspects of the employment relationship. While employees and employers are free to contract as they wish when it comes to the employment relationship, the ESA serves … Continue reading

The Benefits of Talking to a Lawyer: Employment Law

Posted on by Kevin Blair Posted in Employment Contracts, Employee Termination, Employment AgreementsTagged ,

Employment is something that impacts almost everyone, whether as an employee or an employer. Usually, the workplace relationships we are involved in go smoothly enough, but every once in a while, there are issues which can lead people to question if it might be worthwhile to talk to a lawyer before they make a decision.

The reality is that employment law is a complex area of law composed of legislation, the common law, and contractual elements that lead to an ever-evolving landscape that can be difficult for even the savviest person to navigate without proper guidance.

The reality is that, for employers and employees, it can often be well worth spending a little time and money to get legal advice before signing a document, or before a problem becomes a bigger one.

The Benefits of Talking to a Lawyer for Employees

Most employees are happy enough to have a … Continue reading

How to Deal with Job Abandonment

Posted on by David Goldberg Posted in Constructive Dismissal, Workplace Policies, BC Employment Standards Act, Wrongful Termination, Employee TerminationTagged

In British Columbia, employment law is designed to protect both employers and employees, ensuring fair treatment and clear understanding of the obligations of both parties with respect to work-related issues. One issue that employers have to deal with which arises rarely, but does occur, is job abandonment.

It is crucial that employers ensure that their response to a potential job abandonment is handled carefully to ensure that they protect their interests and limit any liability exposure.

What is Job Abandonment?

Job abandonment is when an employee is absent from work for an extended period without communicating with their employer or providing a valid reason for their absence. In British Columbia, there is no specific statutory definition of job abandonment; instead, it is understood through case law and common practice. Generally, if an employee is absent for an extended period of time, without excuse, they may be considered to have abandoned … Continue reading