Employment Litigation Law

Employment-Litigation-Law

Employment Litigation Law

While disputes arising from employment relationships have always been a common occurrence, this has become increasingly so since the onset of the COVID-19 pandemic. Whether you are an employee or an employer, Walker Law’s team of employment litigation lawyers can provide you with guidance and representation through what can be a very difficult time.

If you are experiencing issues with your employer or employees, contact Walker Law’s workplace lawsuit lawyers to assist you.

How Our Work Law Suit Lawyers Can Assist Employees

If you have been wrongfully dismissed, our wrongful termination lawyers can assist you by:

What is Wrongful Dismissal?

A wrongful dismissal occurs when an employee is terminated without cause and without being provided the benefits that they are entitled to under the law. If you have been dismissed from your job and are unsure of what you are entitled to, our wrongful dismissal lawyers can review your employment contract and provide guidance on what your employer is legally required to provide you with. If we find that you are being offered less than you are entitled to, we can negotiate with your employer (or any employer lawsuit lawyer that they retain), in order to get you what you deserve. If the matter cannot be resolved through negotiation, our workplace lawsuit lawyers are experienced in civil litigation and are more than willing to take your case all the way to trial, if necessary.

What is Constructive Dismissal?

Constructive Dismissal occurs in two main ways: where the workplace environment has become so toxic or hostile that it becomes intolerable for an employee to continue showing up for work; or where an employer unilaterally changes the essential terms of an employee’s employment (such as by reducing the employees work hours or pay) and the employee does not accept these changes. In either situation, an employee is entitled to resign and claim that they have been constructively dismissed. Employees who have been constructively dismissed are treated the same and have the same rights as employees who are wrongfully dismissed in the traditional manner.

 

If I Have Been Discriminated Against at Work, Can I Bring a Lawsuit or Do I Have to Bring a Human Rights Complaint?

If the discrimination is related to events that would allow you to bring a traditional lawsuit, such as for wrongful dismissal, you can include your claims for discrimination in a lawsuit brought in the Courts. If the discrimination is unrelated to any other wrong, for which you could normally sue, you must bring your complaint to the Human Rights Tribunal of Ontario. Our discrimination lawyers have experience representing clients in both types of proceedings. If you have questions about whether the discrimination you have experienced could be brought as part of a lawsuit, our employer discrimination lawyers would be happy to assist you.

How Our Employer Lawsuit Lawyers Can Assist Employers

If there have been allegations of discrimination, harassment, or even violence in your workplace, you have a duty as an employer to immediately conduct a workplace investigation to look into such allegations. In order to make sure that the investigation is conducted in an impartial manner, many employers find that it is best to retain a workplace investigation lawyer to conduct the investigation. At Walker Law our investigation lawyers have experience conducting workplace investigations related to a range of allegations, including sexual harassment and discrimination based on race and disability.

Our team can also provide guidance to employers to help them avoid claims of wrongful or constructive dismissal. If you find yourself in a position where you need to terminate an employee or employees, our wrongful dismissal lawyers can advise you on how to structure your termination agreements in a way that does not breach any employment laws. However, it is often best to take a proactive approach. If your employment contracts are not drafted properly, by the time you need to terminate an employee, it may be too late to avoid unnecessary liability. Our team is also experienced in drafting employment contracts in a manner that reduces the risk that an employer will become liable for paying terminated employees more than they are required to by law.

 

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