Promotion/Job Changes – Employment Contracts

[vickyp]

#90701

Forum: Community

Hello,

What is our legal responsibility around documenting promotions or job changes when it comes to employment contracts? Not necessarily the best practice, but the minimum we need to do as an organization.

[vickyp]

#90707

Employment contracts are not always required, but they are highly recommended to outline the terms and conditions of employment. A well-drafted employment contract should clearly state the terms of employment, including job title, duties, compensation, working hours, benefits, and any changes to these terms due to promotions or job changes. When an employees role changes, you should amend the contract to reflect these changes and get the employees signature so you are protected against any constructive dismissal claims around the changing roles and duties.

[vickyp]

#90717

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[Paige Boire]

#94052

can you place a 90 day probationary period in the employment contact for a job change?

[Haley O’Halloran]

#94054

Yes, you can. However, be weary. Your employee can accept the new position with conditions attached to it, but you will also need to provide transparency regarding whether their new offer will tack onto their total service time with the company overall since hired. If you are attempting to create a completely new job and reset the employee’s service time, the employee may seek legal action and sorting out their severance when the time comes can get complicated. It is best to avoid probationary periods in employment contracts for already established employees with good records, even if they are changing roles. That being said, there is no law against writing a probationary period into the new contract. Just make the employee aware of this condition and proceed with caution.

-HR Insider Staff

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