There are some common triggers that can strongly signal to either an employer or employee that they may need to approach an employment lawyer for assistance. These events may take place a lot earlier in a possible dispute or legal issue than many individuals believe. 

Both employers and employees alike need to consider how to approach an employment law dispute to obtain the best possible outcome and to avoid unnecessary issues that may further complicate or compromise the issues at hand.   In this blog we discuss four possible benefits of approaching an employment lawyer before an employment issue becomes too complicated. 

1. An Employment Lawyer Can Help You Determine What Your Employment Rights Are or What Your Employment Obligations Should Be. 

An employment lawyer can assist clients with lots of different employment law issues. There may be certain key aspects of an employee or employer’s own specific case that they should be aware before an employment law dispute progresses too far along. A lot of employment law issues may begin with a small event. Here are some common employment law issues or legal concerns that employment lawyers work on daily: 

• employment agreements and employment contracts;
• claims of wrongful dismissal  and constructive dismissal;
• severance pay and termination pay;
• employment statutory rights and standards;
• human rights issues; and
• workplace harassment.

While working on the above-noted issues, an employment lawyer will routinely assist both employers and employees in discovering what their employment rights and possible obligations may be with respect to their own particular matter.  

There are some early triggers that can signal to an employee or employer that there is a dispute (often relating to the claims as set out above) which may need the assistance of an employment lawyer. Again, these events may seem rather commonplace but could be a sign of more difficult employment law issues to come.  For example, the possible triggers noted below all occur before an actual employment law dispute arises or legal proceedings have been initiated. 

For example:

• When an employee receives a termination letter, termination package or severance package from their employer.
• When an employee receives an employment contract. 
• When an employer has received a demand letter from a dismissed employee asking for termination pay or severance pay.
• When an employer believes that they should layoff an employee due to financial concerns. 
• When an employer decides to make changes or has made changes to an employment relationship with an employee, such as changes to an employee’s duties or responsibilities in the workplace. 
• When an employer wants to make changes to an employment contract such as a change to the employee’s pay or income. 
• When an employer has received a complaint from an employee related to workplace bullying, harassment or discrimination.
• When an employer decides that they need to terminate an employee for cause.
• When an employee wants to quit their job or resign because of something that their employer has done. 

The bottom line is that failing to account for the above early triggers in a timely way may result in the employee not having their full legal rights protected or an employer not understanding what their legal obligations are.  This can be a considerable hindrance when deciding what the next steps should be.  For instance, an employment lawyer can ensure that the employee is aware of whatever claims they may have so that they can obtain their full legal entitlements to compensation upon dismissal before an employee agreed to terms in a severance package when that severance package did not contain the employee’s full legal entitlements to termination pay.  

2. An Employment Lawyer Can Help Determine What Specific or Potential Legal Strategies to Use to Minimize the Risk of Litigation. 

Navigating the termination of an employee can be a lot more complicated than what employers expect, especially at the beginning of a dispute.  An employment lawyer can be used by an employer (or employee) to try to avoid the risk of litigation or the cost of a lengthy legal proceeding when it is not necessary.  Obviously, it can be crucial for all parties to understand certain key legal concerns as soon as possible rather than later when the dispute is fully underway and legal proceedings are already initiated. 

Here are several key things to consider before an employment law dispute escalates: 

• Does the employer understand their obligations related to legal issues like workplace harassment, bullying or discrimination? 
• Does the employer have a clear understanding about what steps to take when they want to move to terminate an employer for cause? Such as what are obligations they have regarding PIPs or workplace investigations? 
• Does the employer have workplace policies in place relating to certain legal employment law concerns and how has the employer enforced them? 
• Has the employer taken proper steps to ensure they have the necessary documentation related to a possible employment law issue or concern in the workplace?
• Has the employer reviewed their employment contract? 
• How has the employer decided what amount of severance or termination pay to offer? 

There are several common errors that specifically employers make that will increase their risk of litigation and in a lot of instances it is simply because they moved too fast or acted too rashly before they approached an employment lawyer. For example, employers often move too fast to terminate an employee for cause without fully understanding what must be legally met for the termination for cause to be legally valid. An employer will terminate an employee without reaching the willful misconduct threshold or fail to use progressive disciple or they may disregard claims by the employee relating to workplace harassment or discrimination. If an employee has cited claims related to discrimination, human rights breaches or workplace bullying and these issues were a factor in the employee’s dismissal, the employer will increase their risk of litigation.

For more information about this specific topic, please visit our blog entitled 3 Things That an Employer Can Do to Avoid Employment Law Litigation in Ontario.

3. An Employment Lawyer Can Help Obtain the Highest Compensation Possible Upon Dismissal. 

There are several common errors that employees make that will increase the likelihood that they will fail in obtaining the highest compensation possible upon dismissal.  For example, a lot of employees do not approach an employment lawyer immediately upon receipt of a severance or termination package or sign or agree to the terms of a severance or termination package without first reviewing it with an employment lawyer. 

The first thing an employment lawyer looks at is whether the termination or severance package that the employer has delivered to the employee is compliant with the statutory minimum entitlements that are set out in Ontario’s Employment Standards Act, 2000. Specifically, the employment lawyer will review the severance or termination package to see if the employer has properly accounted for termination pay, whether there is any severance pay owing and that the severance pay is properly accounted for, whether the employee is owed any vacation pay or benefits, etc.

Secondly, in conjunction with the above assessment, an employment lawyer should then review whether the employee was subject to a written employment agreement or employment contract and whether there exists a termination clause that may limit an employee’s entitlements upon dismissal to minimum statutory entitlements or if the employee is entitled to common law notice as well. The employment lawyer will review the severance or termination package along with the employment contract to see if the employee’s entitlements align with what was set out in the employee’s employment contract or agreement.

For more information about this topic, please review our blog entitledLearn Why You Should ALWAYS Get an Employment Lawyer to Review Your Termination or Severance Package.  Employees can also read 4 Practical Steps to Take When You Receive a Termination Letter from Your Employer. 

How Can Zeilikman Law Help?

It is crucial that an employee or an employer should approach an employment lawyer when they have questions about employment law. For more information regarding when employees (or employers) should contact an employment lawyer, please review and what to expect during a consultation, please see:

• Litigation vs. Negotiation in Employment Law: A Guide
• Discover Why Employment Law Is Important
• What to Expect in a Legal Consultation with an Employment Lawyer

You can contact our office at (905) 417-2227 or online here to schedule your own confidential consultation with Zeilikman Law.