Common Issues Employment Lawyers Can Help With

Are you looking for the best employment lawyer to help with an employment dispute? Are wondering how employment lawyers in Toronto can help you resolve a workplace dispute?

Well, in this 3-part blog series, we cover the 15 most common workplace issues or disputes where it makes sense to speak with an employment lawyer for assistance. You’ll learn more about about Ontario employment law, along with tips on how to find the right employment lawyer.

Part 2 of 3.

1. Employment Lawyers Prepare Employment Contracts

An employment contract is a are written agreements between an employer and employee, which outlines terms and conditions of the employment relationship. Its key function is establish the important terms governing the employee’s job, including salary, work hours, duties and responsibilities, and what the employee will be entitled to when their employment.

Why is it important to have an employment lawyer draft your company’s employment contract?

It’s simple and summed up nicely in one word: “protection.” By and large, an employment contract primarily protects an employer’s (company’s) business interests and minimizes future liability upon termination of employment, especially the a risk of a wrongful dismissal claim and the requirement to provide the employee with termination pay or severance pay.

Under Ontario employment law, employers are under a strict obligation to ensure the language in the employment contract is drafted with highly specific language so that, if challenged by the employee in a wrongful dismissal claim, a court will conclude it is legal and enforceable. This is particularly important for sections of an employment contract that are most geared toward protecting an employer’s interests when the employment relationship breaks down, including termination clause, confidentiality clause and non-solicitation clause.

The risk to an employer of a court finding the employment contract invalid if challenged by an employee in a wrongful dismissal case is significant if the termination clause is wrongly drafted. In that case, it can mean a court will ignore what the employment contract states about when and how much termination pay or severance pay the employee is entitled to, and instead provide the employee with their full entitlement to a financial severance package (damages for wrongful dismissal), which is often a lot more than the minimum standards of the Ontario Employment Standards Act, 2000.

Only Hire an Experienced Employment Lawyer to Draft a Proper Employment Contract

Ontario employment law is a technical and complicated area of law, which makes it very important for employers to ensure that an employment contract is drafted by an experienced employment lawyer with specialized knowledge and skill. In fact, one recent and evolving topic is the enforceability of termination clauses, which due to improper drafting, are easily ignored by the courts in wrongful dismissal claims in order to award employees with a more expensive severance package for an employee. Given the evolving caselaw, prudent businesses should only trust an employment lawyer with specialized knowledge to draft your company’s employment contracts. In many cases, it could mean your company saves significant amounts of money down the road in a wrongful dismissal case or severance package negotiation with terminated employees.

2. Employment Lawyers Help with Constructive Dismissal Claims

Bune Law, Toronto employment lawyer is experienced in advising and representing employees who have experienced a negative change to the terms of their employment that is so significant that they may be able to treat it as a constructive dismissal. In those cases, our experienced employment lawyer can help you obtain the best possible severance package. Some examples of a constructive dismissal include:

the employee is relegated to a demeaning job with task below the title of the employee (a demotion)
the employee’s compensation of the employee is substantially reduced
temporary layoff
job relocation
severe workplace harassment or discrimination

A typical example that occurs is when an employee has been harassed or abused so severely that they are effectively forced to resign (or withdraw from the workplace). At other times, a manager or employer creates the intolerable conditions with the intention of forcing the employee out. In such cases, the courts may conclude the employer’s failure to prevent the situation or protect the employee constitutes a constructive dismissal. In other words, sometimes a court concludes that an employee faced with a choice between resignation and continuing to work in objectively intolerable conditions decides to quit, their resignation may qualify as “constructive dismissal.” (The term “constructive” basically means “might as well be” or “as good as.”)

However, this is always a fact-specific determination that only a court could make, and employees should always consult with an experienced employment lawyer before taking any action, such as resignation. The courts often require the resignation to have been justified, which involves examining the employment relationship to find truly intolerable conditions, such that it is not enough to prove that the working conditions were just unpleasant or humiliating. Similarly, some scenarios may not be deemed a constructive dismissal if the change in working conditions is simply due to a legitimate business decision, or a court concludes that the circumstances are not “intolerable” based on a “reasonable person” standard.

If you were terminated, discriminated against, or believe you were constructively dismissed from a job in Ontario, please Bune Law, Toronto employment lawyer, for an initial consultation to discuss your case and options you have moving forward.

3. Employment Lawyers Help Employees Pursue Wrongful Dismissal Claims

In Ontario employment law, a “wrongful dismissal” occurs when an employer fires an employee from their job without prior notice or without providing a financial severance package. Most of the time, an employee is given a termination letter that states that the employee’s job is terminated “without cause.” If the employer has not provided sufficient notice to the employee of their last day on the job, or severance pay compensation, they may be able to pursue a claim of “wrongful” dismissal against the employee.

Practically speaking, this means that most cases of wrongful dismissal case involve a dispute between employers and employees as to the amount of notice or severance pay that an employee is entitled to receive for their job termination. The legal term “severance pay” refers to all the usual compensation the employee would have earned while employed, including base salary/wages, commissions, pension plan benefits, health benefits and stock options.

If you or someone you know recently lost your job, contact Bune Law, where an experienced employment lawyer will help you walk through your options and decide the best steps moving forward, including negotiating a fair and reasonable severance package or pursue a wrongful dismissal case (if necessary).

Not sure if you have a case? If you believe you were wrongfully dismissed, Bune Law can help you to obtain the best possible settlement by negotiation and, if necessary, fight your wrongful termination in court.

4. Employment Lawyers Help Employers Prepare Workplace Policies

For Ontario businesses, having workplace policies is extremely important. For one thing, some types of policies are legally required, such as a workplace harassment policy, disability accessibility policy, or an employee right-to-disconnect policy. However, some other policies are helpful to protect the interests of a company itself as well as its employees’. So, while not legally required, having appropriate workplace policies in place (and regularly training employees) make up important tools for day-to-day business operations.

What are workplace policies? These are usually written documents that outline the rules and procedures that a business sets for all of its employees to follow in the workplace. Generally, Ontario employment law requires employers to communicate (and consistently enforce) their expectations to employees clearly, and workplace policies are an important tool in the employer’s shed.

When drafted properly by experienced workplace lawyers, such policies can make up essential terms and conditions of an employee’s job that, if not followed, may give rise in serious cases for an employer to take important disciplinary action, including terminating an employee’s job for just cause. This is why breach of an employer’s policy is often the subject of a wrongful dismissal dispute, including in the current context of an employee’s refusal to comply with a COVID-19 vaccination mandate. It can be difficult to defend any action an employer takes, such as discipline or termination, if it failed to make the expectations clear to the employee prior to taking action.

5. Employment Lawyers Help Employers Respond to Discrimination Claims

In assisting employers to resolve disputes involving an employee’s claim of discrimination, an experienced employment lawyer at Bune Law will help to minimize the risk of expensive and protected litigation. In addition to potentially having to pay significant compensation to an employee, such as a hefty severance package or human rights award, responding appropriately to a discrimination complaint can help protect any impact on a company’s reputation.

In Ontario, workplace disputes typically involve an employee who believes they were wrongfully terminated from their job based on a prohibited ground of discrimination under the Human Rights Code, such as their older age, illness/disability, gender, race or ethnicity. If you are an employer facing a human rights (discrimination) complaint by an employee, Bune Law, Toronto employment lawyer, can help you strategize and implement a cost-effective and timely resolution to a workplace dispute. Call us today if you need help with a work-related human rights concern as an employer.

Call Employment Lawyer Now

It is always important for both employees and employers to speak with an employment lawyer through a legal consultation before taking any action that may affect their workplace situation. At Bune Law, you will benefit from an experienced Toronto employment lawyer’s expertise in Ontario employment law.

If you are looking for a wrongful dismissal lawyer in Toronto, call Bune Law, Toronto employment lawyer, today at 647-822-5492 for a case evaluation with an experienced employment lawyer.

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