For the average person, the exercise of looking for an Employment Lawyer can be difficult and confusing. After all, most people in this position are already dealing with the significant stress of losing a job or harmful workplace discrimination. That’s why the process of choosing the right legal representation can seem quite daunting. So, in this blog post, we cover some of the important qualities to look for in an Employment Lawyer – with the goal of ultimately obtaining a successful outcome in case.
1. Knowledge and Experience
- Employment law is a complicated area, with legislation and caselaw (judges’ decisions in court cases) that constantly change and evolve the rules that employers and employees must follow. In order to “level the playing field,” a crucial first step is to hire an employment lawyer with knowledge of the field and experience working successfully on the many different issues that come up, wrongful dismissal, financial severance packages, constructive dismissal and workplace discrimination.
2. Understanding, Attentive and Supportive
- The vast majority of employees (and employers) who require the assistance of an employment lawyer are often in a highly stressful situation, such as a wrongful dismissal (or termination of employment). While employment lawyers are not expected to act as counsellors or psychologists to clients, it often works wonders for clients when their lawyer shows compassion and support during what is usually the most vulnerable time of their lives.
3. Not a “Jack of all Trades”
- Like the importance of finding an employment lawyer that is well-versed in Ontario employment law, it is nearly as important to ensure the lawyer is, well, an employment lawyer – first and foremost. In other words, it is rarely prudent to select a lawyer that practices many different areas, and only “dabbles” in employment law on the side. This is especially following the economic impact of COVID-19 pandemic, where there has been a proliferation of lawyers practising employment law due to the increased volume of work, such as employment terminations, temporary layoffs, workplace harassment and wrongful dismissals.
- To put it simply, most people would not rely on a general physician if they know their health issue requires a specialist. Likewise, employees (and employers) are often best served relying on an employment lawyer whose sole focus and experience is employment law – not a lawyer who works in employment law, family law, criminal law, real estate, and so on and so forth. Why? Because by focusing their practice exclusively on employment law, they have the specialized knowledge, skills, expertise, practical “know-how” to remain up-to-date on the always changing legislation and caselaw that, quite often, will make the difference between a successful outcome at trial, or an early settlement during severance negotiations. These advantages of relying on an employment lawyer through and through will almost always be unmatched and unsurpassed compared to relying on a lawyer who jumps from one area of law to another.
4. Flexible and Prepared
- As John Maynard Keynes once said, “When the facts change, I change my mind.” Many issues that arise in employment law are complex, dynamic and flexible and creative solutions. That’s why, in order to maximize your chances of obtaining a satisfying outcome, it is crucial to have an employment lawyer on your side who is nimble, well-prepared and experienced enough to handle what can sometimes be tense negotiations or litigation.
5. Honest and Upfront
- This is one of the most important qualities to look for in an employment lawyer. After all, it is your case and your own livelihood. This means that, above all, your employment lawyer must be honest with you about your chances of success, and should openly discuss with you the risks and costs involved with any available options. Further, an experienced employment lawyer must passionately advocate on your behalf in pursuing your desired result, including by providing realistic advice and strategies that are grounded in the law and the facts of your specific case. For instance, any employment lawyer worth their weight in gold should play the “devil’s advocate” when discussing case strategy. While it can be inconvenient, it is sometimes necessary to tell it like it is, to help you make an informed decision knowing all the attendant risks and benefits.
6. Fair, Affordable and Determined
- In helping you obtain a successful outcome, it is important for your employment lawyer not to lose sight of your goal, needs and budget. There is no such thing as a “slam dunk” case, as each one comes with its own strengths and weaknesses. For instance, in a wrongful dismissal case where a severanace package is being negotiated with an employer, the key is to remain persistent, dedicated and focused on emphasizing the strengths of the case (while downplaying the significant of any weakness) by using creative arguments that support your position. This again takes us back to the point above – the importance of having an employment lawyer with knowledge, experience and whose practice is exclusively (not occasionally) employment law.
Call Today for Help
Whether you are an employee or employer who would like to inquire about your rights around any workplace issue, such as a wrongful dismissal, financial severance package review or constructive dismissal, please contact Bune Law at 647-822-5492 arrange a consultation with an employment lawyer in the Toronto area, so that we can discuss your specific employment matter in detail, explain employment law as it applies to your situation, and then determine whether you need our assistance and how we can help.
Disclaimer: The content on this website and blog is not legal advice or legal opinion of any kind, and is only to provide general information. It is in no way particular to your individual case and should not be relied upon in any way. The outcome of a legal matter depends on its unique circumstances, and prior successes are not indicative of future results. No portion or use of this website or blog will establish a lawyer-client relationship with the author, this law firm or any related party. Should you require legal advice for your particular situation, please fill out the form below, or call 647-822-5492, to request an initial consultation.