The rights of employees and employers are regulated by a sometimes confusing combination of employment agreements, statutes (such as the Employment Standards Act), and common law (judge-made law). Both employers and employees need to be aware of their legal rights and responsibilities.
In the event of dismissal, an employer must give an employee reasonable working notice or pay in lieu of notice unless the employer has cause for dismissing the employee. The main issues in wrongful dismissal lawsuits are:
- whether or not the employer has established cause for dismissal; and
- if not, whether or not the amount of notice given to the employee is considered "reasonable".
In some instances, the employer may change some of the fundamental terms of the employment relationship such as the rate of pay or the job title and responsibilities. Sometimes, employees are subjected to poor treatment by the employer, leading to a poisoned work environment. In such cases, there may be a claim for constructive dismissal.
Our firm can advise you as to your rights and responsibilities whether as an employer or employee. We can provide you with legal advice and representation on a variety of employment-related matters including: severance packages, employment contracts, workplace investigations and confidentiality and non-competition agreements.