Questions to Ask an Employment Lawyer
At some point, most Canadians will encounter a situation that causes them to consider their legal rights in the workplace. The challenge is that Canadian employment law is complex and full of turns that are difficult to navigate for those not trained to do so.
Fortunately, an employment lawyer can help you understand your rights and protect you from disputes with your employer.
Wondering what questions to ask an employment lawyer? Share Lawyers can help.
Top Questions to Ask an Employment Lawyer
Unfortunately, even when you have a good relationship with your employer, workplace disputes are common. Understand your rights and know when to seek assistance from an experienced employment lawyer.
Here are some of the most important questions to ask your lawyer.
Is it Legal for My Employer To…?
Responses to questions of this nature are typically not a simple "yes" or "no," often leaving individuals unsatisfied or uncertain. Our employment law firm prioritizes providing actionable legal guidance geared towards tangible outcomes. This approach involves strategizing how best to assert your rights, determining potential entitlements, and assessing associated risks and benefits.
Is My Employer’s Severance Offer Fair?
When facing termination, you commonly receive a severance pay offer from your employer. But is the amount you’ve received a fair one? The answer to this question hinges on various factors unique to your situation, despite what some law firms' marketing may suggest.
To assess fairness, we consider multiple variables, some of which may be beyond your control. Schedule a complimentary consultation with one of our employment lawyers for a personalized evaluation of your severance offer and guidance on the next steps. We'll review your offer at no cost and provide tailored advice to help you navigate your options effectively.
What is the Difference Between “For Cause” and “Without Cause” When it Comes to Being Terminated?
When an employee is terminated for cause, they typically aren't entitled to notice or employment insurance benefits. On the other hand, those terminated without cause usually receive these benefits. However, terminations for cause are rare and reserved for serious employee misconduct.
Courts view termination for cause as a severe punishment, akin to the "capital punishment of employment law." Despite this being the case, some employers may attempt to justify terminations for a cause more frequently than warranted. If you believe you've been unfairly terminated for cause, an employment lawyer can assist you in seeking the severance you deserve.
What is “Wrongful Dismissal”?
Contrary to common belief, wrongful dismissal isn't typically based on the reasons behind your termination. Instead, what renders a dismissal wrongful is the absence of adequate notice. In such cases, courts may award compensation in place of the proper notice period.
So, regardless of the reasons for your dismissal, you may have a claim for wrongful dismissal if you were not given reasonable notice.
What is “Constructive Dismissal,” and How is it Different From Wrongful Dismissal?
Constructive dismissal occurs when significant changes to your employment terms or poor treatment by your employer make it legally justifiable to consider your employment terminated. This can happen even if your employer hasn't directly initiated dismissal proceedings. The termination is "constructed" in that it is legally warranted based on the surrounding circumstances.
Employees experiencing constructive dismissal have the option to resign and pursue legal action for wrongful dismissal. Importantly, the damages awarded for constructive dismissal mirror those awarded for wrongful dismissal cases.
Can I Be Fired While I’m On Medical Leave?
Yes, it's possible to be dismissed while on leave, but there are specific circumstances where this might occur.
However, this issue is complex and requires individual consideration. Depending on the situation, you may be entitled to notice, severance pay, or even damages under human rights law if your termination is linked to a disability. It's crucial to address these matters case-by-case to protect your rights.
When Should I Hire an Employment Lawyer?
It’s never too soon to speak to an employment lawyer.
Even if you're not planning to take immediate legal action, seek advice early to gain invaluable legal insights and strategies. By engaging with an employment lawyer sooner rather than later, you can position yourself effectively to safeguard your rights in the workplace.
Share Lawyers Will Fight for Your Rights
If you’re experiencing a workplace-related conflict, it’s important that you reach out to an employment lawyer right away to protect your rights and prevent further deterioration of the situation.
Share Lawyers has been practicing employment law in Canada for over 35 years and has a track record of successfully defending the rights of our clients. We understand that anxiety and frustration can come from conflicts with your employer, so we’re dedicated to protecting your rights.
It all starts with a free consultation.
Still wondering which questions to ask an employment lawyer? We’ve got you covered.
Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.