When Should I Seek Out an Employment Lawyer?
Most people who call our Toronto employment lawyers for an employment consultation do not know whether they really need a lawyer, what questions to ask, or what an employment lawyer can do for them – and that’s perfectly normal.
In fact, these are often some of the hardest questions for lawyers themselves and getting the correct answer can make all the difference.
Because every case is different, only an employment lawyer can tell you whether you might benefit from legal services. That said, this article covers some general circumstances in which employees may benefit from taking advantage of a free consultation with one of our experienced employment lawyers.
1. When your employment has been terminated
This is the most common type of free consultation that our employment lawyers deal with, and the most obvious circumstance in which you should seek legal advice from an employment lawyer. Terminations are the “bread and butter” of employment law. An employment lawyer can advise you on your termination entitlements, and, if warranted, offer you representation to pursue your legal entitlements.
2. When your employer is threatening your job security
Your employer may make warnings to you about your job security, for instance, as part of a structured discipline program. There is nothing legally actionable about this, on its own. However, this may be a sign that your employer is seeking to build a case to terminate you for “just cause”, without notice or payment in lieu. When your employer starts to put this pressure on you, the things you say and do (or the things you don’t do) from that moment forward can take on much greater significance, and a misstep could be more costly. It would be a good idea to speak to an employment lawyer in these circumstances to determine your rights and obligations to your employer.
3. When your employment situation has become intolerable
Sometimes enough is enough, and you need to decide that you can no longer subject yourself to a toxic work environment. This may be the best (or the only) decision for you in the circumstances. However, you should not quit under stress, duress, or anger, without first consulting with an employment lawyer. Your employer’s mistreatment of you may be legally actionable, but you can seriously damage your legal position by acting in the heat of the moment. This is one of the most strategically sensitive areas of employment law. Employees should never try to navigate these situations on their own without legal advice.
4. When you are subject to a workplace investigation
There’s one notable circumstance in which you might want to have a lawyer actually represent you while you are still employed: and that’s when you have been accused of wrongdoing and are being subjected to a workplace investigation. A workplace investigation can be very similar to a legal case, involving volumes of documents, recorded interviews, and competing testimony. Many workplace investigators are lawyers themselves. In these circumstances, your rights may be best preserved by hiring an employment lawyer to navigate you through the process.
5. When negotiating the terms of a job offer
When looking at a job offer, the thing most employees focus on is the rate of pay, overlooking sometimes several pages of important terms, including terms related to termination. In fact, the contract of employment can be one of the most important documents at the end of employment, in a wrongful dismissal case. Many contracts contain language which significantly limits your rights to notice and severance upon termination by the company. The interpretation of these terms is often highly legalistic and not intuitive. An employment lawyer can help you understand what these terms mean, and where to apply pressure in negotiations with a prospective employer.
If you have been terminated, laid-off, or severed from your employment contract in Canada, our experienced team of employment law lawyers in Toronto can help. We offer free consultations and there are no fees unless we win your case. Find out if you have an Employment Case.
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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.