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"Sole discretion of the employer" in con

By ben_heuer ·

I am currently evaluating a contract from a potential employer, and the contract mentions something that sounds rather carte blanche to me:

"Employer may discipline or demote Employee with or without cause and with or without prior notice. Employer may discipline, demote or dismiss Employee as provided in this Clause notwithstanding anything to the contrary contained in or arising from any statements, policies, or practices of Employer relating to the employment, discipline, or termination of its employees."

This sounds VERY fishy to me, should I ask the employer to modify this, or is it standard practice? I am considering a fairly senior position!

Thanks a lot in advance for any advice!


PS: IF possible, I would like to know that if I go with a lawyer for his consultation, will he charge even if I dont take the job?

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"Sole discretion of the employer" in con

by avachon In reply to "Sole discretion of the e ...

Hi, it sounds more than fishy. The employer has full capability to "dismiss" you without ever having to reveal the reason. It appears to be a clause to protect the employer from possible lawsuits you could bring if your employment was terminated forillegal or questionable reasons (e.g., age discrimination, loss of work time if you became ill for a prolonged period, etc.). I think you would be wise to have a lawyer look over the entire contract. A consultation should be free, but the actual analysis of the entire contract would probably be a flat fee. In the end, it may be money well spent, especially since you are in negotiations. Besides, solid legal advice may help you in future employment situations should that occur. Good luck.

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"Sole discretion of the employer" in con

by ben_heuer In reply to "Sole discretion of the e ...

Thanks Ivachon,

Really appreciate your time to give that answer.

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