When Will You Need an Employment Lawyer?
As an employment lawyer in Toronto, I am regularly asked to assist both businesses and employees with a whole range of workplace matters. In this blog, we discuss a few key points in terms of how an employment lawyer can assist either an employee or employer when they experience a work-related issue.
Spoiler alert: if you believe you are experiencing a specific issue at your workplace that requires legal guidance to navigate properly, it is always a good idea to speak to an experienced employment lawyer. If so, and you find yourself in a situation where you need an employment lawyer, please feel free to call Bune Law, an employment lawyer in Toronto, to arrange for a confidential consultation today.
Employment Lawyer for Employees
From the employee’s perspective, there is no one specific issue that triggers the need to speak with an employment lawyer. An employment lawyer for employees will usually provide legal advice and represent the employee on all workplace matters, such as handling a termination of employment, negotiating a financial severance package, or proceeding with a wrongful dismissal claim against the employer resulting from a termination of employment (either a termination with cause or without cause).
Employment Lawyer for Employers
From the employer’s perspective, there is no company specific size or number of employees when it will make sense to consult with (or if necessary, retain) an employment law firm to assist with work-related matters. For instance, an employment lawyer for employers will often assist with negotiating a severance package or defending the employer in court litigation regarding a workplace issue to represent the employer’s position and interests (usually, this will involve an employee’s termination of employment). Similarly, an employment lawyer for employers can help employers make proactive decisions to minimize the risk of employment disputes with employees, including advising employers on whether they have just cause to terminate an employee without prior notice or severance, or if not, drafting a financial severance package with the appropriate amount of severance that should be offered the employee (often in a termination of employment letter).
What Does an Employment Law Firm do to Assist in Resolving Workplace Disputes?
In either of the above scenarios, an experienced employment lawyer for employers (or employment lawyer for employees) will be crucial in achieving the following goals:
- understand your legal rights and responsibilities under Ontario employment law, such as the Employment Standards Act, 2000, Canada Labour Code, or Human Rights Code
- understand your legal rights and responsibilities under an employment contract (or employment agreement)
- respond to a specific issue or dispute occurring in the workplace in a lawful, appropriate and cost-effective manner
Simply put, regardless of whether you are an employer or employee, you should consult with or retain an employment lawyer that specializes in employment law as soon as you realize that you may have an issue relating to your employment. Why? From a practical and cost-saving perspective, it is always wise to understand the legal issues involved and what the law requires of you in that specific situation and, most importantly, make the appropriate decisions in responding to the workplace issue.
We understand that employees (or for that matter, even employers themselves) are sometimes wary reaching out even when they need an employment lawyer, usually to avoid the intimidating step of involving legal action or due to concern about potential costs. However, in the vast majority of cases, the benefits often far outweigh the costs of speaking with an employment lawyer about any nagging workplace issues, as an employment lawyer will explain the law to you and discuss how an employment law firm can help in your specific situation.
What are some specific workplace issues or disputes where an employee (or employer) who is looking for an employment lawyer for assistance should reach out? At Bune Law, an employment can provide comprehensive legal advice and representation in the following types of employment and labour law issues, including:
- employee termination of employment (termination for cause or termination without cause)
- wrongful dismissal claims
- constructive dismissal claims (e.g., demotion)
- temporary layoff
- employee resignation
- severance package (termination package) drafting, review and negotiations
- employment contract drafting, review and negotiation
- human rights (discrimination) complaints (based on age, disability, gender, family status, sexual orientation, ethnicity, colour, etc.)
- workplace harassment and bullying
- employee disability accommodation and adjustments
- employee recruitment and hiring procedures and decision-making
- workplace investigations
- managing whistle-blowing in the workplace (reprisal)
- changes to employment (e.g., job title, responsibilities, relocation, compensation)
- development and application of workplace policies
- independent contractor agreements and employment status issues
- Employment Standards complaints to the Ontario Ministry of Labour
- Occupational Health and Safety issues
Initial Consultation with Employment Lawyer
An initial consultation with an employment lawyer has a fixed fee, so you will know exactly what the cost will be upfront, and you are not required to commit to additional services beyond the consultation itself when you need an employment lawyer for consultation and legal advice, unless you decide to retain the employment law firm to move forward. You will only have to make that decision once you have a legal opinion and recommendation regarding your case.
Occasionally, employees (or employers) decide to involve an employment lawyer only after trying to resolve the workplace issue(s) alone. Unfortunately, these issues are often typically complicated enough even for experienced employment lawyers that the employee’s previous decisions or actions make it much harder to resolve (or at the very least, delay a satisfactory resolution and increase legal costs). For instance, employees will sometimes ask an employment lawyer to assist in severance package negotiations only after they attempted to negotiate a financial severance package on their own. Needless to say, this often makes it quite difficult to pursue their rights, as by that point, the employer has “dug in their heels,” which brings the parties that much closer to having to take legal action to obtain their severance entitlements (e.g., wrongful dismissal claim).
Call Today for Help
If you are an employer or employee, 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 to you, 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.