If work is going well, most people do not think about employment law. They work, receive a check as well as take their vacation time and deal with the occasional frustrating meeting, and move on with their lives.
When the normal work rhythm is disrupted, legal issues will likely to arise. The promise of a promotion does not materialize. The manager’s behavior is becoming increasingly uncomfortable. Employees are in an entirely new position when they return from their medical leave. A complainant’s letter to HR can make things worse and not better. Or, a long-standing career is abruptly ended with a termination notice. Many employees are surprised by the speed at which one issue in their workplace can overlap with another.
If a Workplace Conflict Doesn’t have a Simple Name
Take an employee who has worked for the same firm for seven years. After raising concerns about inappropriate comments made by a manager, the employee experiences a change. Meetings can be held without notice. Important assignments are lost.
Is that a harassment matter or a reprisal, discrimination or dismissal? It is possible that there are more than one legal issue that might be relevant. Someone experiencing workplace harassment Toronto shouldn’t assume that events occurring after a complaint are unrelated. In determining the legal remedies available it is essential to look at the sequence of events, as well as specific circumstances.
You can switch jobs without putting an end to the employment.
Employees may have a dispute with their employer without their employer saying “You’re fired”. A significant reduction in pay, a demotion or a significant change in responsibilities could leave the worker wondering if their employer has changed the original employment agreement with something totally different.
It can also lead to concerns about the Ontario law regarding constructive dismissal. Constructive dismissal depends on the circumstances. There are exceptions to this rule. Not every difficult assignment, management decision, or workplace change qualifies. It is crucial that employees who are considering quit due to significant changes do not assume they know what the law requires.
The Questions You’ll Have to Answer When You Lose Your Job
If an employment contract ends, the focus is often on money. The query “How much should I receive as severance?” may sound straightforward however, the answer isn’t always the same. Employment contracts, applicable legislation, length of service, compensation and other circumstances can affect an employee’s potential rights.
Someone searching for a lawyer for severance pay close to me might benefit from having their entire finalization package reviewed instead of solely focusing on the number of weeks offered.
A wrongfully dismissed employee in Ontario is not just an issue where an employee feels the termination was unjust. A legal review could be about whether a proper notice or compensation was provided and what effect the employment agreement has on those obligations.
Some Employees Fall Under an entirely different legal framework
A point that is easy to forget is the size and nature of your employer. Most Ontario employees are legally bound by provincial employment laws. Certain industries are controlled by the federal government. Workers in industries such as banking, telecommunications, railways and airports can be granted rights and procedures arising under federal law.
Unionized employees may have issues with human rights, duty of fairness, as well as representation. Knowing the legal framework applicable to a dispute over employment is vital.
Employment Law is all about the whole Relationship
HTW Law has been serving the Greater Toronto Area for over 20 years and handles matters relating to employment in Ontario. The practice of the firm covers unfair and constructive termination such as severance and termination agreements that deal with workplace harassment, sexual harassment and discrimination and retaliation. It also handles HRTO and OLRB cases, as well as other human rights-related issues. The firm also assists with issues involving employees who are federally regulated throughout Canada.
Workplace disputes aren’t always tidy enough to be put under one umbrella. The initial disagreement over working conditions may turn into a harassment complaint and a significant change in the work environment, and ultimately termination.
Knowing the events that led to the employee’s last day can be as important as knowing what actually happened.