A majority of people don’t care about the employment laws when their work is going smoothly. People don’t often think about employment law when their work is going well.
Whenever the normal rhythm of work is interrupted, it may raise legal questions. The promise of a promotion does not materialize. Managers’ behavior gets increasingly uncomfortable. An employee returns from medical leave to new duties. A complaint to HR seems to make matters more difficult rather than better. For example, a career that has been going on for a long time comes to an abrupt end with a dismissal notice. It’s a shock to many employees how quickly workplace issues can overlap.
If an Workplace Conflict doesn’t have a Simple Name
Imagine an employee that has been employed by the same company for seven years. After raising concerns about insensitive remarks from a supervisor, the employee notices a change. Meetings are not held and crucial assignments are canceled. Within a few months they are fired from their position.
Is that a harassment matter, reprisal, discrimination, or dismissal? There may be more than one issue to think about. Individuals who have been subjected to workplace harassment in Toronto must not presume that the events following the complaint are unrelated. In determining the legal remedies available it is crucial to consider the sequence of events as well as specific details.
It is possible to change jobs without putting an end to the employment.
There are also instances where disputes over employment can arise without anyone telling the employee “You’re fired.” A substantial reduction in pay, a major demotion, or major shift of duties can leave an employee wondering whether the employer is actually replacing the existing employment contract with something fundamentally different.
It can also lead to concerns about the Ontario law regarding constructive dismissal. Constructive dismissal depends on the specifics. Not all difficult assignments, organizational changes, or managerial decisions can be considered as valid. If a worker is contemplating leaving due to a significant work environment change, they should be cautious about thinking that they know the answer.
If you are fired there are a variety of questions that come up
When a job is terminated it is common for attention to be immediately turned to the money. “How much do I get in severance?” sounds like a simple question, but there isn’t a one-size-fits-all solution. Employment contracts, applicable legislation as well as length of service compensation, and many other aspects can affect an employee’s potential entitlements.
Someone searching for a lawyer who handles severance payments near me may be benefited by having the complete termination package reviewed rather than just focusing on the amount of weeks offered.
Likewise, wrongful dismissal Ontario doesn’t simply mean an employee believes the termination was unfair. A legal review may involve whether the proper notice or compensation was given, and what impact the agreement on employment is on these obligations.
Some employees are covered by an alternative legal system
One thing that’s easily forgotten is the size and nature of the company you work for. Most Ontario employees are under the provincial employment laws. Certain industries are regulated by the federal government. Certain industries are covered by federal law.
There are other issues that can be raised by unionized employees including human rights and claims for obligation of fair representation. Understanding the legal framework applicable to a dispute over employment is essential.
Employment Law Covers the Whole Relationship
HTW Law has been serving the Greater Toronto Area for over 20 years. It handles matters relating to employment in Ontario. The practice of the firm covers the wrongful and constructive termination of employees, severance agreements, workplace harassment and sexual harassment and discrimination and reprisal. It also handles HRTO and OLRB cases and other human rights-related issues. The firm also assists in cases involving employees that are federally controlled across Canada.
It’s sometimes difficult to define workplace disputes. What begins as a disagreement regarding working conditions could turn into a harassment claim, a major change in the employment situation, and eventually a termination.
Understanding those events and how they connect is just as important to understanding what occurred the day before the employee’s dismissal.