As employment lawyers, we understand how incredibly stressful it is to be terminated or let go from your job. People are scared, they do not know what to do, they are unsure if they need a lawyer, and they may reach out and use AI tools to try to get quick answers to their pressing employment law questions. However, using AI to answer legal questions may not always lead to the discovery of the correct information in order to make a proper decision about any employment law questions that one may have.
Why does AI give people the wrong legal advice? What are AI hallucinations?
AI tools are well known to “hallucinate” information which means that AI can generate information that sounds accurate but is not and sometimes even create completely fake information such as creating made-up case law or jurisprudence. As such, using AI to answer legal questions is dangerous because AI could potentially “hallucinate” information which is then used by an Ontario court or lawyer to determine present issues about a person’s legal rights. For example, it was widely reported in the news several months ago that an Ontario court rejected a factum filed and submitted by a lawyer in a family law case because those materials contained fictitious cases that were made-up by AI and other cases that had no relevancy to the matter that was before the court which was also provided for to the lawyer though AI. In that case, the judge went on to order the lawyer who had submitted the material laden with AI hallucinations to show why the court should not hold her in contempt for doing so.
Specifically, in the employment law context, AI could potentially give a person the wrong answers related to important questions about their entitlements to termination pay, notice and / or severance pay. Another reason to give you pause when seeking legal advice from AI is the “human factor.” Employment law, and specifically employment law litigation, involves a human element that cannot be replicated or accounted for through an AI algorithm. Employment disputes are often emotionally charged and involve a layer of psychological complexity that AI tools are simply not equipped to deal with. Simply put, AI cannot replicate a lawyer.
Instead of AI, use an employment lawyer to get your questions answered
The bottom line is that while AI may have its uses, one must approach it with extreme caution and understand that it is not a substitute for actual legal advice. One must also understand that AI runs the risk of producing fake “legal” sounding information for people to use in their real life where mistakes could be dire. The only way to really determine what your legal rights are upon being fired or laid off from your job is to approach an employment lawyer, discuss the totality of the circumstances in your case and the personalities involved. That way, your legal entitlements are protected, and you can best strategize to position yourself to get the best possible outcome for your matter.
