Almost everyone with a job will wonder, at some point, about their legal rights in the workplace. Canadian employment law is detailed, nuanced, and full of surprises to most people. The better you know your workplace rights and employment rights, the better you will be able to protect yourself.
Here are some of the most common questions that employees ask in free consultations with our employment lawyers in Hamilton.
Is it legal for my employer to […]?
The answer to this kind of question is rarely just a “yes” or “no”, and rarely satisfying or helpful. Our employment law firm gives legal advice that focuses on actions and results. That means we focus on how to enforce your rights, how much you could be entitled to, and the risks and benefits at each stage.
Is my employer’s severance offer fair?
In most terminations, you will have received at least some kind of severance pay offer from your employer. A question we often hear in consultations is whether the offer is “fair”. Despite what you may be led to believe by some law firms’ marketing materials, the answer to that question depends on your personal circumstances. In order to make an estimate, we have to make certain assumptions about things, many of which may be unknown or outside of your control. Book a free consultation with one of our employment lawyers - we will review your severance offer for free and advise you on your best course of action.
What is the difference between “for cause” and “without cause” when it comes to being terminated?
Employees terminated for cause are not entitled to notice or employment insurance benefits, while employees terminated without cause usually are.
The vast majority of terminations are without cause. Termination for cause is reserved for more severe instances of employee wrongdoing, and the circumstances in which termination for cause is justified are few and far between. Courts consider termination for cause to be a very harsh punishment, reserved for the worst offenders; it is often referred as the “capital punishment of employment law.” However, employers try to terminate employees for cause much more often than cause exists. If you have been unfairly terminated for cause, an employment lawyer can help you recover the severance you are rightfully owed.
What is “wrongful dismissal”?
Contrary to popular understanding, wrongful dismissal usually has nothing to do with the reasons for your dismissal. The thing that makes a dismissal wrongful is the lack of reasonable notice. The remedy that a court can award you for wrongful dismissal is pay instead of reasonable notice.
What is “constructive dismissal”? Is it different from wrongful dismissal?
Constructive dismissal occurs when your employer changes important terms of your employment, or otherwise treats you very poorly, to the point that your employment may legally be considered terminated. Constructive dismissal can occur even if your employer has taken no steps to dismiss you – in other words, the dismissal is “constructed” at law from the surrounding circumstances. An employee who is constructively dismissed can quit and sue for wrongful dismissal. The damages for constructive dismissal are exactly the same as those for wrongful dismissal.
Can I be fired while I am on medical leave?
The short answer is yes, you can be dismissed while on a leave, with certain narrow exceptions. However, this is a complicated issue that should be addressed on a case-by-case basis. You may be entitled to notice and/or severance pay. You may also be entitled to human rights damages if your employer terminates your employment because of your disability.
When should I hire an employment lawyer?
It is never too soon to speak to an employment lawyer. Even if you’re not yet in a position to take legal action, an employment lawyer can give you legal advice and strategies that put you in the best position to protect your rights.
If you are dealing with an employment issue such as wrongful dismissal, unfair severance, or workplace harassment, contact the Hamtilon employment lawyers at Share Lawyers. Our 35+ years of experience in long term disability (LTD) law and team of experienced employment lawyers can help you win your case against your employer. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.
Denied your long term disability claim?
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. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.
A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.