Employment Law: Termination from Employment | Constructive Dismissal | Harassment | Dismissing an Employee
Employment law is one of those areas that affects virtually everyone. Whether you’re an employer or employee, you need to know your rights when there’s a disagreement over actions taken by either side. Perhaps you’re an employee and you were suddenly terminated from your position? Or perhaps you’re an employer frustrated with an employee, but are not sure if you have grounds to terminate their position? These are things an experienced employment and labour lawyer can help you with. Our services start with a $300 flat rate for an in-depth assessment of your unique situation, so you know what the best options are for taking proper legal steps to resolve the situation.
Termination from Employment
It can be a shocking experience for anyone who has been suddenly fired or laid off from employment. One moment you’re happily going about your job, the next you’ve been called into a meeting with your employer, who tells you that the company has decided to part ways with you.
In the case of a lay off, you may receive a severance package and other documents upon your dismissal and a deadline to respond. These documents may include a lump-sum severance cheque, or perhaps a severance package that offers you pay over time after leaving the company. We can help you determine whether you should accept what’s being offered or challenge the employer for more. We can tell you whether the company broke any rules in dismissing you from your job. We can tell you what you are entitled to if you have not been offered anything, or believe what you are being offered is insufficient.
If the company has fired you for cause because of alleged performance problems, dishonesty or theft, we can still assess whether your rights have been breached. Perhaps you believe the company has wrongfully dismissed you. We can tell you if those suspicions are correct, and what you can do about it.
Has your employer suddenly changed your job responsibilities? Perhaps you’ve been told the company is restructuring, and now you are doing what you never signed up for, at a lower pay rate. Maybe you’re being told to move to another location because the office is relocating, and you don’t want to move.
If you feel that your company is forcing changes you do not want, you may feel that you’re being pressured out of the company. This is an area of law called constructive dismissal. You likely have options.
By assessing your unique situation, we can help you understand whether you are required to follow the company’s changes, and if not, how exactly you may challenge your employer. We often hear from employees working in both small and large companies that they’ve been caught off-guard by changes to their job duties. If you believe these changes are unreasonable and will substantially affect your situation, we may be able to help.
Everyone has the right to be free from harassment in the workplace. Perhaps you’re a female in a male-dominated workplace that feels more like an old boys’ club than a professional working environment. Or maybe there’s a colleague or a boss that keeps texting and emailing you after hours. Maybe your performance at work is being called out and unfairly criticized in front of your colleagues.
We believe harassment and discrimination at work are serious violations of your rights. We have the experience and knowledge to assess your situation and make it stop. Everyone’s situation is different, but at the end of the day our rights to be treated fairly without discrimination are enshrined by the law.
Dismissing an Employee
It can be a daunting proposition for an employer to consider letting go of an employee. Perhaps this employee has been working for you for a long time, you may feel nervous or uncertain about how to dismiss them without being in violation of their employment rights.
Maybe you simply have a bad employee you need to be rid of. They’re not performing up to expectation, they’re rude to customers, or they’re constantly late. As an employer, you need to know when you can fire an employee for cause, and what this means in terms of your responsibilities as an employer.
Perhaps your company is downsizing and you no longer need such a large staff. If you’re laying off employees, we can give you an assessment so you can prepare the right severance packages for your employees. You may have questions such as how much do you need to include in the severance package? Do you have to pay the severance in a lump-sum, or can the amount be paid over time? These are all questions an experienced employment and labour lawyer can help you answer.