How Employment Lawyers Help Employees and Employers
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 1 of 3.
1. Employment Lawyers Prepare Employment Agreements
An employment agreement (also known as an “employment contract”) is a written document that is usually signed by both an employer and employee. Its main purpose is to create the legal rights and obligations that regulates the employment relationship.
For employees, employment contracts can tremendously affect an employee’s rights, including terms regarding probation periods, termination of employment, post-employment restrictions (e.g., non-solicitation clauses), bonus pay, most of which can significantly impact how much severance an employee will receive (or not receive).
For employers, it is prudent to set down employment contracts to clearly define the terms of employment with their non-union employees from the outset, especially employees in executive and senior management positions. The need to do so has become increasingly clear in recent years, especially given court rulings involving employment contracts has muddied the waters around what constitutes a legal vs. illegal termination severance provision. At Bune Law, an experienced employment lawyer stays abreast of this ever-changing area of the law and regularly assist employers across Ontario draft appropriate employment contracts to help protect their business interests and minimize the risk of a workplace dispute, especially at times where employees pursue a claim wrongful dismissal, constructive dismissal or negotiate severance packages.
2. Employment Lawyers Help with Workplace Investigations
Workplace investigations can be a highly stressful experience, both for employees that are investigated as potential wrongdoers and employers themselves as they try and navigate often messy workplace disputes and increasingly more robust legal obligations. In fact, for employers, an employer’s failure to properly investigate can result in significant liability.
Typically, an employer’s need to investigate arises when it receives (or has reason to believe) an employee has committed some misconduct, such as theft or workplace harassment. In fact, while it is recommended for employers to conduct an appropriate investigation before alleging an employer’s misconduct is enough to fire the employee for just cause, it is actually a legal requirement to do so when it receives a complaint of workplace harassment.
The law in Ontario regarding workplace harassment is extensive, and it has become increasingly clear that it will not be tolerated by either:
- Ministry of Labour, when it receives a complaint
- the Courts, when they are asked to resolve a dispute involving a claim of constructive dismissal;
- the Human Rights Tribunal of Ontario, when they are asked to resolve a human complaint.
At Bune Law, an experienced employment lawyer regularly assist employees who deal workplace harassment matters. Broadly speaking, Ontario’s Occupational Health and Safety Act (“OHSA“) defines workplace harassment as: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” In other words, it refers to any unwanted comments or behaviour that is offensive, demeaning, humiliating or hurtful, and can include:
- unwelcome comments or jokes based on a person’s age, disability, sex, religion or other protected human rights ground
- threats
- bullying
- unwelcome physical contact/violence
Employers in Ontario are required to maintain and implement anti-harassment polices that are in their workplace, and to conduct a timely and thorough workplace investigation of any form harassment complaints, including workplace sexual harassment. In addition, following an investigation, employers must report any corrective actions that will be provided to the worker who alleged workplace harassment, as well as to the alleged perpetrator found to have committed workplace harassment.
3. Employment Lawyers Negotiate and Improve Severance Pay Packages
This is a huge part of an employment lawyer’s job that is worth their weight in gold. When an employee experiences a wrongful dismissal and is presented with a termination letter with severance pay offer (commonly referred to as a “severance package“) by their employer, it is extremely important that they review the severance package with the best employment lawyer. This point cannot be overstated. Oftentimes, an employer’s severance package is far below what an employee is typically entitled to, and only an experienced employment lawyer help ensure the employee is paid what they deserve.
What constitutes a fair severance package will always on many factors, including whether the employee has signed a valid employment contract that stipulates how much severance pay they are owed, and whether the employer terminated your employment “with cause,” or “without cause”.
In a severance package (or termination package) review at Bune Law, an employment lawyer will meet with you to review the terms and conditions of the severance package offered to you by your employer, and tell you if it is fair and reasonable in your circumstances. For each client, our commitment is to help you understand your legal rights and options, and work tirelessly to negotiate the best available severance package.
After discussing your employment history, any workplace issues you experienced prior to your termination of employment (e.g., workplace harassment or discrimination), and reviewing your employment contract and termination letter, you will have a strong appreciation of your options and can decide how best to proceed, including by hiring the employment lawyer to assist you in what is often a complicated process to achieve your legal rights to a fair severance package. For instance, a legal consultation will involve discussing what you may be entitled to receive under Ontario employment lawyer for termination pay and severance pay (i.e., pay in lieu of notice).
4. Employment Lawyers Help Employees Pursue Discrimination Complaints
Under the Human Rights Code, all employees in Ontario workplaces are protected from discrimination. Basically, this means that every employee has the right to be treated equally at their job, without discrimination on any of the above-noted grounds, such as:
- race
- place of origin
- family status
- age
- disability
- colour
- gender expression
- citizenship
- ancestry
- ethnic origin
- creed (religion)
- marital status
- sex/pregnancy
- sexual orientation
- gender identity
- record of offences
In order to prove discrimination under the Human Rights Code, an employee must prove the following:
- they have a personal characteristic that is covered by the Human Rights Code (e.g., age, disability, race or family status obligations);
- they experienced adverse treatment/impact by their employer or in the workplace; and
- that personal characteristic was a factor (or somehow influenced) the adverse treatment or impact they experienced at work.
If an employee is successful in proving their workplace discrimination claim, the employer may be required to provide the employee with various forms or remedies, such as damages (money) for injury to compensate the employee’s dignity, feelings and self-respect, or lost income. However, as we employment lawyers are often able to prove, an employer’s discriminatory conduct could also underpin a wrongful dismissal or constructive dismissal, resulting in additional damages for bad faith conduct or punitive damages. As a result, the employee may have a claim for a financial severance package, as well as a less common remedy of reinstatement of their job.
5. Employment Lawyers Help with Reviewing Job Offer and Employment Contract
For most people, receiving a new job offer is deeply exciting, and the last thing on their mind is looking for an employment lawyer for an employment contract review. However, while certainly understandable as most employees do not want to jeopardize getting a new job, such thinking is shortsighted and can often result in giving up a significant pay-cheque in the future, especially upon a wrongful dismissal where the employee’s severance package is reduced – and reduced significantly – by a termination clause in an employment contract.
In fact, a key reason why employees should be very careful before signing an employment agreement employer’s main reason for asking an employee to sign an employment contract – and to always have a detailed review with an employment lawyer – is that it primarily benefits the employer, not the employee.
A standard employment contract for Ontario employees will contain information about the employee’s job, including job title, duties and responsibilities, probation period (if any), type of compensation (e.g., base salary, bonus, benefits, etc.), a termination clause (including establishing how much severance pay is owed upon termination of employment or wrongful dismissal), hours of work, vacation entitlements, non-competition agreement, workplace policies and so on. Once an employment contract is signed, it becomes a legally binding (enforceable) contract between the employer and employee that will govern the working relationship and be used to resolve a workplace dispute.
If you are an employee who has been asked by your employer to sign a new employment contract, call Bune Law today to speak with an experienced employment lawyer in the Toronto area who will provide you with a comprehensive review of your employment contract, which will help you can understand your rights and obligations before you sign on that dotted line.
If you are an employer who wants to create an employment contract for new (or existing) employees, call Bune Law to discuss your company’s objectives and put together an employment contract to meet your goals and, most importantly, help protect your business (including minimizing the risk of wrongful dismissal disputes).
When it comes to employment contracts in Ontario, every detail matters. Don’t abandon your employee legal rights by signing away an employment contract right away – call Bune Law’s skilled and experienced employment lawyer.
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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