WeirFoulds Partner and Chair of the Employment and Labour Practice Group, Daniel Wong, was recently featured in the Globe and Mail’s Work Life – Career Advice section where he addressed a common concern for job seekers: whether negotiating an employment contract can result in a job offer being rescinded.
In his commentary, Dan explains that while negotiating terms such as salary, remote work arrangements, or vacation is often expected, prospective employees should be aware of the legal framework surrounding job offers. Under Canadian contract law, submitting a counterproposal can legally operate as a rejection of the original offer unless the employer explicitly revives it. Dan notes that Canadian courts have clarified an important distinction between asking questions and making counteroffers. Thoughtfully phrased questions about flexibility on certain terms may not amount to a rejection and can leave the original offer intact.
He also highlights how miscommunication can arise in modern hiring processes, including through informal or ambiguous responses. Even seemingly small actions, such as using emojis or brief text messages, may lead to disputes over whether acceptance has occurred. Beyond the legal considerations, Dan emphasizes the practical reality that a job offer marks the beginning of a working relationship. How a candidate negotiates or communicates at this stage can shape an employer’s perception and influence the tone of that relationship going forward.
Dan’s insight underscores the importance of balancing legal awareness with professionalism and clarity when navigating employment negotiations.
To learn more about Daniel Wong, please visit his profile page.
To learn more about the Employment & Labour Practice Group, please click here.
