If work is going well it is common for people to not think about the employment law. They go to work, get paid and take time off to vacation and deal with the occasional frustrating meeting, and continue with their lives.
Legal issues often surface as the routine of work is disrupted. A promise to promote disappears. A manager’s behavior is more uncomfortable. A worker returns from medical leave and assumes new duties. A worker’s complaint to HR causes problems or worse. Or a long career suddenly has to be ended by a termination letter. It’s often a surprise to employees how quickly workplace issues can overlap.
When a Workplace Disput doesn’t have an Easy Name
Imagine a worker who has been with the same employer for 7 years. After raising concerns about inappropriate remarks made by a supervisor the employee notices a change. Meetings can be held without notice. Critical assignments are omitted.
Do you think it is a case of harassment that requires retaliation, discrimination or dismissal? It is possible that more than one legal issue may need to be considered. Someone experiencing workplace harassment Toronto shouldn’t assume that events occurring after a complaint are unrelated. The sequence of events and the particular facts could be important when determining what legal options might be available.
The employment can end without a formal termination.
Employees can be involved in disputes over employment without the employer saying “You’re fired”. A major salary cut, demotion or a major shift in the job description could leave an person wondering if the company has replaced the initial employment agreement with something totally new.
This can lead to concerns about the Ontario law on constructive dismissal. Constructive termination is based on specific facts. It is not the case for all difficult assignments, organizational changes, or managerial decisions qualify. If an employee is considering leaving due to a significant work environment change, they should be cautious when assuming they have the right answer.
Losing a job raises a range of Questions
When an employment contract is ended it is common for attention to be immediately turned to money. “How much will I be paid for my severance?” sounds like a straightforward question, however there may not be a one-size-fits-all solution. Employment contracts as well as applicable laws, length of service as well as compensation, in addition to other variables, could determine an employee’s entitlements.
If you’re searching for a lawyer who specializes in severance package law close to me, it could be helpful to look over the entire document instead of only the weeks.
Likewise, wrongful dismissal Ontario isn’t only a case of the employee feels that the decision was unfair. Legal reviews can include whether appropriate notice or compensation was given and the effect the employment agreement can have on the obligations.
Certain employees are subject to an entirely different legal framework
Another detail that can easily be missed is the nature of employer. Many Ontario employees are subject to regulation primarily by provincial employment law. Certain industries are regulated by the federal government. Federal law may be applicable to workers in certain industries, such as banking and telecoms.
Employees who are unionized may face additional issues involving representation rights, human rights, and obligations of fair representation. Knowing the law that governs is therefore an important early part of understanding an employment dispute.
Employment Law is about the whole relationship between employers and employees.
HTW Law has been serving the Greater Toronto Area for over 20 years and has handled employment-related issues in Ontario. The firm’s practice includes wrongful dismissal and constructive dismissal as well as workplace discrimination, sexual harassment discrimination harassment and disability discrimination HRTO/OLRB concerns and other human rights issues. The firm also assists with certain matters involving federally regulated employees throughout Canada.
It’s often difficult to define workplace disputes. What begins as a disagreement over working conditions may turn into a harassment complaint, a major change in the employment situation, and eventually a termination.
Understanding those events and how they are connected is just as important in understanding what happened on the day preceding the employee’s departure.