Employment Law in Canada govern all aspects of non-union employment. Those laws have become highly complex and in my experience, most employees have no idea what sorts of mistakes they can make when they are not informed of their rights.
I cannot recommend highly enough that you call me for a consultation on your employment or independent contractor situation. I am a subject-matter expert in Employment Law and have dealt with thousands of workplace situations of every type and description.
You don’t want you to make a mistake or not have all the knowledge that you need to navigate safely through your workplace situation.
Starting Employment / Independent Contract
Most companies expect a new employee or contractor to execute a written employment agreement or contract. Or the company will provide the new recruit with an offer letter. These are legal agreements that should be reviewed by a lawyer before you sign them. You need to know the terms and conditions of your employment and in particular, what provisions that could negatively impact you, such as:
Probation period clause permitting your dismissal without notice or pay in lieu
Termination clause that restricts termination pay to statutory entitlements only
Clauses that permit the company to change fundamental terms of your employment without giving you notice
Restricting your post-employment activities thereby making it impossible for you to find new work
Penalty clauses if you breach any Restrictive Covenants
Clauses that prevent payment of contractor invoices in certain circumstances
Make an investment into your future and arrange a consultation whenever you are presented with an offer letter, employment agreement or independent contractor agreement. If you need help drafting or re-negotiating any of those documents, I can help you with that also.
Having sat with many employees who have been devastated by workplace harassment of all types, I can attest to the fact that not every workplace is pleasant. Workplace harassment, sexual harassment and violence for example continues to exist the Canadian workplace despite all the laws in place that are meant to prevent it. On the flip-side, those laws are there to help you. Please contact me as soon as any of the following issues arise in your workplace:
Leave of Absence (stress, illness, bereavement, maternity etc.)
Micromanaging, oppression, exclusion from meeting etc.
Significant change to a fundamental term of your employment
Introduction of an employment agreement during employment
Harassment, bullying, abuse, sexual harassment, violence
Negative or inaccurate performance reviews
Performance improvement plans you disagree with
Human Rights complaints
Workplace investigation issues (how to make a complaint)
At the End of Employment
There is no more vulnerable position to be in than when you are called into the boardroom and have to face Human Resources and your boss who has an envelope in his or her hand. It’s like being dropped out of an airplane at 35,000 feet.
Please do not sign anything during a termination meeting. You have the absolute right to take your severance package to a lawyer and have it reviewed.
I have reviewed thousands of severance packages. Please call me for a consultation. In our first meeting, I will tell you what is right and what is wrong with your package. We will discuss your future plans and what is right for you and your family. If your severance package is fine, I will tell you that. If it is not fine we will discuss what, if anything, should be done about it and whether you should negotiate it or I should.
I never attempt to persuade any client to hire me. You will be informed of your options, the approximate cost and then you make the decisions.
Please consult with me if your employment has been terminated. I will review your severance package or if there is no severance package, we will discuss your situation.
If you have received a letter from a lawyer for your former employer accusing you of breaching your non-competition or non-solicitation clause, or breaching your fiduciary duties, please do not ignore that letter. That situation will not go away on its own and you really want to avoid expensive litigation.
Call me as soon as you get one of those letters.
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Oakville Employment Lawyer subject matter expert in HR consulting, workplace investigations, all employee concerns, mediation. Cost-effective, client-centred, practical legal advice, guidance and representation.