Employment Law
WHEN SHOULD I CALL A LAWYER?
As an employer:
Before you hire a new employee
When you are updating existing employment contracts
When you are encountering workplace issues
When you need to end an employment relationship
As an employee:
Before signing an employment contract
As soon as possible if you are a respondent in a workplace investigation
Immediately after termination and before signing a release
For Employees:
When your employment has been terminated, Sandra can help you understand your options and ensure that you receive fair and reasonable compensation. Additionally, if you are a respondent in a workplace investigation, or a victim of discrimination, Sandra can provide advice on your rights and help you through the process.
Sandra’s employment law practice is limited to non-unionized employment issues and include:
Severance package review and negotiation
Wrongful dismissal claims
Constructive dismissal claims
Employment contract review
Discrimination in the workplace
Advice for respondents in workplace investigations
For Employers:
Sandra regularly provides advice to employers on a number of workplace issues. She is frequently consulted on workplace issues, human rights issues and when the employment relationship needs to end. She understands that employers want to resolve problems quickly and with minimum risk and liability. Sandra assists employers with:
Employment contract drafting and revision
Human Rights Code issues
Defence of wrongful dismissal claims
Servicing your ongoing law needs
Clear, reliable guidance for managing your team and reducing risk
Sandra provides advice and representation to both employers and employees. She is a strong negotiator when it comes to resolving workplace issues and an effective advocate if litigation is inevitable.
FREQUENTLY ASKED QUESTIONS
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At a minimum, an employee that is terminated without cause will be entitled to receive the statutory minimums set out in the Employment Standards Act, 2000 or the Canada Labour Code (depending on which one is applies). However, you may also be entitled to common law notice – this will depend on whether you have a written employment contract that says what you are entitled to on termination – and whether the termination clause in the employment contract is enforceable. It’s best to get advice from an experienced employment lawyer on the termination package that is being offered before accepting it.
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Termination pay and severance pay are terms that are often used interchangeably, but they actually do not mean the same thing. Both termination pay and severance pay are very specific payments that are referenced in the Employment Standards Act, 2000. Termination pay is the payment that is made by an employer to an employee when they are terminated “without cause” and instead of providing working notice, the employer has decided to pay termination pay instead – or “pay in lieu of notice”. Severance pay is also paid on termination, in addition to termination pay, but it is only paid in very specific circumstances.
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The short answer is that it depends. If you have been terminated without cause, then “no”, an employer does not need to give reasons for the termination. However, they cannot terminate you based on a protected ground under the Human Rights Code or as a reprisal for exercising your rights under the Employment Standards Act, 2000 or the Occupational Health and Safety Act. If you have been terminated for “just cause” or wilful misconduct, insubordination or wilful neglect of duty, then “yes” you are entitled to know the reasons for termination.
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Constructive dismissal is a term that is used when the employer unilaterally changes the terms of your employment contract in a fundamental way, such as: a demotion, a significant decrease in pay, benefits or responsibilities. It is also called “quitting with cause”. When an employee is constructively dismissed, the situation is treated as if the employee had been wrongfully dismissed.