Q1. When should you hire an employment lawyer?



the requirements of fair and consistent treatment laid down by the Employment Standards Act, Canada Labour Code, human rights law and any employment contract

that you have in place. Employment lawyers will assist you with all types of employment-related legal issues including: Negotiating employment contracts and severance packages

Violations of employment contract

Wrongful termination

Sexual harassment

Discrimination and abuse

Maternity and parental leave

Labour and union disputes

Ministry of Labour claims Toronto employment lawyers assist employees and employers with all types of employment and workplace-related disputes. Our lawyer will advise you onthe requirements of fair and consistent treatment laid down by the Employment Standards Act, Canada Labour Code, human rights law and any employment contractthat you have in place. Employment lawyers will assist you with all types of employment-related legal issues including:

Q2. Do I need an employment lawyer?



possible to see if the issues can be resolved through negotiation and, if not, you can begin building a strong case by taking proactive steps in anticipation of any future

litigation before a labour board, tribunal, or court. Employment lawyers advise and guide employees and employers on their rights, entitlements and duties regularly. You should to speak to a Toronto employment lawyer: Before negotiating or accepting severance

Before claiming employment insurance

Before dismissing an employee

For guidance on maternity and parental leave

For guidance on discrimination and sexual harassment allegations An employment lawyer helps people understand, protect and fight for their rights. It is best to speak with an employment lawyer at the earliest pointpossible to see if the issues can be resolved through negotiation and, if not, you can begin building a strong case by taking proactive steps in anticipation of any futurelitigation before a labour board, tribunal, or court. Employment lawyers advise and guide employees and employers on their rights, entitlements and duties regularly. You should to speak to a Toronto employment lawyer:

Q3. How to choose an employment lawyer?



before employers, unions, insurance companies, tribunals and even before the court. Choose a lawyer who shows foresight, strategy, and diligence towards your case. Work with employment lawyers who are knowledgeable, experienced and have the resources to represent you effectively. Remember, your lawyers may represent youbefore employers, unions, insurance companies, tribunals and even before the court. Choose a lawyer who shows foresight, strategy, and diligence towards your case. Other things to consider: Personalities – You should be able to trust your lawyer and be comfortable talking to them and working with them Recommendation – Someone referred by family or friends can be a good choice, but they should have expertise handling your type of matter Experience – Successful track record and experience make a big difference to strategizing, tactics and options you will have Fees – Lawyers may offer a contingency fee arrangement (‘no win, no fee’), hourly billing or lump sum amount; make sure to understand what costs are included Availability – Hiring a local lawyer can seem beneficial for scheduling meetings; however, with today’s technology, meetings can be easily held using video conferencing software and communications often happen via email. Make sure your lawyer is available to you in-person and digitally: they should answer your calls promptly, reply to emails in a reasonable time, and move your litigation matter along to conclusion without delay.

Q4. Is it possible for my employer to revoke or change my insurance/pension benefits?

Generally, an employer is not entitled to unilaterally revoke or make changes to the insurance benefits without giving prior notice. The exception to this is if your employment contract with your employer clearly states that benefits can be changed or cancelled without notice. Usually, pension benefits are relatively more complicated because they must adhere to intricate pension laws and other legal and financial obligations.

Q5. How many warnings does one get before actually getting fired?

There is no pre-decided and particular number of oral or written warnings required to fire an employee. This decision will primarily be influenced by your past and present conduct. Also, it depends on whether the employer used progressive discipline. Nevertheless, in many instances, an under-performing employee or an employee producing poor quality work could be entitled to termination and/or severance pay and termination did not reach the legally justified standard for a “with cause” termination.

Q6. In case of prolonged sickness, can an employee be fired?

If you are absent from work and are unavailable to deliver your job duties because of continued sickness, your job is protected by various human rights provisions. However, at some point, your employer may try to get you to leave the job by arguing a legal concept called: Frustration of Contract. An employer may be able to argue Frustration of Contract if it can be established that there is no foreseeable prospect of an employee returning to work. There is significant legal analysis required to balance an employee’s right to be protected from discrimination based on a disability and an employer’s ability to terminate a disabled employee based on Frustration of Contract. While away from work due to your ongoing illness, you must ensure your employer is being kept informed about your absence and accommodation needs. Also, you may have to attend an “independent medical examination” which is organized and paid for by your employer. The point of this medical examination is for your employer to have their own doctors review your medical documentation, health condition, accommodation requests, and possible ability to return to work. Even if your employer terminates your job based on Frustration of Contraction, you could be entitled to termination pay and severance pay. Ask our employment lawyers for legal help.

Q7. If fired without cause, what are an employee’s legal rights?