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, 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.
This is Part 3 of 3.
11. Employment Lawyers Review Severance Pay Packages
A key role of an experienced employment lawyer is to assist employees in understanding their legal rights and entitlements when their employment is terminated? One of the most important ways an employment lawyer assists employees is by reviewing a severance package (and even more importantly, negotiating a severance package to provide improvements to the employee).
What kinds of topics are important to discuss with an employment lawyer when your employment is terminated? There are many, including:
- if your employer is alleging just cause for termination of your employment, is that appropriate?
- if there is no just cause for termination, are you entitled to termination pay and severance pay (a severance package)?
- have you signed an enforceable employment contract that speaks to what you are entitled to receive in severance pay (i.e., limits your severance package entitlements upon termination of your employment)?
- were there other workplace issues that you should consider, such as a discrimination claim, reprisal or workplace harassment?
In the vast majority of cases, employees are best served by consulting with a leading employment lawyer to review their severance package (which typically consists of a termination letter, severance offer and legal release) to protect their legal entitlements to proper severance pay. It is a not-so-well-kept secret that employers nearly always provide employees with a low-ball offer, hoping it is accepted without having to deal with an expert employment lawyer that can help employees properly navigate their employee rights, including maximizing their severance package.
12. Employment Lawyers Help Employers Defend Wrongful Dismissal Claims
On the other end of the employment law spectrum, employment lawyers also help employers defend against a wrongful dismissal claim brought by a termination of employment. Put simply, a “wrongful dismissal” refers to a situation where an employer has terminated an employee’s job without cause (sufficient legal reason) and still not provided them with prior reasonable notice, or compensation in lieu of notice. In ordinary terms, this means an employer has not provided an employee with a fair and appropriate severance package.
The reality, however, is that not every termination of employment constitutes a wrongful dismissal, nor is an employee always entitled to a severance package. For instance, if employee’s commit serious misconduct that justifies a termination of their employment “for cause,” an employer may be able to justify terminating them “on the spot” (and without them with compensation in the form of a severance package).
In order for an employer to know if it has just cause for termination of employment, it must conduct a full and proper analysis of the specific facts and circumstances of each case. Whether just cause exists always depends on many factors, including the employee’s misconduct, the employee’s position, history and performance, and any governing workplace policies or practices. The following are some examples where just cause may be found:
- Theft
- Dishonesty
- Serious Incompetence
- Violence
- Insolence and Insubordination
- Wilful misconduct
- Habitual neglect of duty
- Disobedience
- Conflict of interest
If you are an employer and find yourself in need of an employment lawyer to assist in responding to a wrongful dismissal claim or employee’s attempt to negotiate a severance package, please feel free to contact our employment lawyer at Bune Law.
13. Employment Lawyers Help Employees Experiencing Workplace Harassment
In Ontario, workplace harassment is defined in the Human Rights Code and Occupational Health and Safety (“OHSA“) to include any type of unwelcome or offensive comments or conduct, such as:
- teasing
- sexual harassment
- intimidating or offensive jokes
- innuendos
- displays or circulation of offensive pictures or material
- comments, phone calls, or text messages that are unwelcome, offensive or intimidating
However, not every case of unusual behaviour constitutes workplace harassment under the law. In fact, each case is unique and reviewed based on its own context and surrounding circumstances. Because workplace harassment is serious, allegations must be proven based on a balance of probability, including the following basic criteria:
- improper and offensive comments or conduct, such as objectionable acts, comments or displays, or acts of intimidation or threats, or acts, comments or displays in relation to a prohibited ground of discrimination under the Human Rights Code or Canadian Human Rights Act (e.g., race, age, disability, etc.)
- the improper or offensive comments or conduct were directed at the victim;
- the victim was offended or harmed by the improper or offensive comments or conduct (e.g., feeling demeaned, belittled, personally humiliated or embarrassed, intimidated or threatened)
- the perpetrator knew (or should have known) that such behaviour would cause offence or harm
- the behaviour occurred in the workplace or at any location or any event related to work; and
- There was either one severe incident or a series of incidents that had lasting impact on the individual.
For employees experiencing workplace harassment, the usual first step is to raise the issue with your employer. For that purpose, the OHSA requires all employers to have workplace harassment policies and programs in place to allow (and protect) employees to make complaints, as well as a requirement for employers to quickly and properly investigate workplace harassment complaints.
An experienced employment lawyer can help employees to confront and stop workplace harassment issues, including pursuing a constructive dismissal or discrimination claim. Our experience allows us to appreciate the stress and difficulties workplace harassment can create, and an employment lawyer on your side will help level the playing field and protect your workplace rights.
14. Employment Lawyers Help Employees Respond to Employer’s Disciplinary Action
If an employee is given a disciplinary letter (warning), or placed on a performance improvement plan, it is a tell-tale the employer may be laying the ground for a termination of employment. In serious cases of misconduct, an employer may even go so far as to allege termination for cause, to deprive the employee of a severance package (even if typically hard to prove). As a result, it is important for employees to combat disciplinary warnings or performance reviews they believe are untrue or unreasonable as quickly and professionally as possible. This can include, for example, providing a response to outline the employee’s own version of events or any mitigating factors that were not properly taken into account by the employer.
If done timely and properly with the guidance of an experienced employment lawyer, it can make the difference between an employer moving forward with an aggressive termination for cause, or deciding to proceed with a termination without cause and provide a severance package (as well as a helpful defence if the employee pursues a wrongful dismissal case against 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.
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.