Employment and Labour Lawyers available to Assist you in Toronto and Ottawa
Difficulties in employment relationships can take a toll financially and emotionally. Whether you are an employer or an employee it is important to obtain professional legal assistance to help avoid potential problems and to protect your interests when problems do arise.
Spiteri & Ursulak LLP’s experienced employment and labour law lawyers understand how important strong working relationships are. We take the time to understand our clients’ concerns so that we can provide practical legal advice specific to their needs and objectives. Where an employment dispute has arisen, we provide strong representation to ensure that our clients interests are advanced and protected.
As counsel to both employers and employees we are well-positioned to understand and anticipate the interests on both sides, a fact which can help to move parties more quickly and efficiently to resolution.
We assist employers and employees with a wide range of employment and labour issues, including:
- employment and executive contracts
- retention and separation agreements
- wrongful, constructive and just cause dismissal
- discrimination and human rights claims
- accommodation issues
- workplace policies
- workplace standards and health and safety legislation compliance
- WSIB claims and appeals
- privacy issues
- disciplinary issues
- non-competition and non-solicitation restrictions
- termination of employment
- termination packages
- collective agreement negotiations
- grievance arbitrations
- certification applications
- unfair labour practice complaints
- employment contracts revenue-sharing, commission and bonus plans
- employee benefits
- employment standards
Experienced Employment Lawyers assist Employees with Dismissal Issues
Termination Pay
Under the Employment Standards Act an employer must provide an employee with written notice of termination within a certain period of time prior to dismissal. If the employer does not provide sufficient notice, the employee must be provided with termination pay in lieu of notice.
Under the Act, an employer who has failed to provide sufficient notice must provide an employee with one week of pay for every year the employee has worked for them. However, what many employees do not realize is that this statutory amount represents the minimum required payment and often employees are legally entitled to far more. Thus, if you are an employee facing dismissal, it is important to consult an experienced employment lawyer to discuss your case and explore the various options open to you.
“Just Cause” Dismissal
If you have been terminated for “just cause,” meaning that your employer is alleging that you are guilty of misconduct, you are not entitled to termination pay or a severance package. Furthermore, you may be ineligible to collect unemployment insurance and will likely have difficulty finding new employment. If you have been wrongfully accused of misconduct, the lawyers at Spiteri & Ursulak LLP will fight to have your case declared a wrongful dismissal.
Wrongful Dismissal
A dismissal is wrongful where the employer dismissed the employee with “just cause” but no misconduct had occurred or where the employee was dismissed without sufficient notice. If you have been wrongfully dismissed, you have the right to termination pay, and if the employer has acted in a particularly insensitive or malicious way, you may have an additional claim for aggravated or punitive damages.
Constructive Dismissal
A constructive dismissal occurs where an employer makes a significant change to a fundamental term or condition of employment, such as a major reduction in salary or a significant demotion. A constructive dismissal can also occur where an employer harasses an employee or makes his or her working environment so uncomfortable that he or she feels there is no option but to quit. In such circumstances, a resignation will be considered a wrongful dismissal and the employee will be entitled to a severance package.
Employment Lawyers Assist Employers to Limit their Liability.
A well-crafted employment contract, prepared by an experienced employment lawyer, can limit an employer’s liability and bring certainty to the employer-employee relationship. Where a reasonable employment contract is in place, a court will give effect to its terms. However, if there is no contract or the contract is weak or seen to be fundamentally unfair, the court will infer what the terms of the contract should have been. Having a legally binding employment contract in place, therefore, is a wise investment.
An employment lawyer can also help employers limit their liability by helping them understand the obligations placed upon them by legislation and case law and advising them on how to act in accordance with these obligations. For example, an employment lawyer can help an employer understand how to properly dismiss an employee and thereby avoid accusations of wrongful termination and the financial and reputational costs associated with such claims.
Contact Our Toronto and Ottawa Employment and Labour Law Lawyers to Discuss your Case.
Please contact Spiteri & Ursulak LLP at 613-563-1010 or info@sulaw.ca to find out more about how our employment and labour law lawyers can help protect your interests.
