Terminations
of
Employment
Reviewing & Negotiating
Severance Packages
If your employment ends, is laid off, or is suspended for any reason, we recommend that you speak with an employment lawyer to discuss the circumstances and have your severance package reviewed. At the very least, a lawyer will help you understand your rights and whether the package offered to you is fair. In many cases, the package offered is not fair and can be improved significantly with my assistance
If your employment is terminated without cause, your employer will offer to pay you a severance package. Many employers will tell you that your employment contract limits your severance entitlements, but that is often not the case. We can help you determine if the package offered is fair, or negotiate more, by taking into account the unique characteristics about your situation and the terms that apply to your employment
If your employment is terminated for just cause or cause, your employer may not have offered to pay you anything, or offered to pay you only a small amount of severance pay. The threshold that an employer has to meet to establish just cause is extremely high. Many terminations for cause are not justified. We can help you assess whether you are entitled to your full severance entitlements and advocate on your behalf to obtain them.
A constructive dismissal happens where there has been a significant change to the terms of your employment. Some common changes that form the basis of a constructive dismissal include:
– Demotion (in title, pay, reporting)
– Reduction in compensation
– Change in location or hours
– Toxic work environment
We can help you build a case for constructive dismissal and seek your full severance entitlements.
Requesting &
Managing
Absence
If you are not doing well (mentally or physically) and feel like you cannot attend work for an extended period of time, you have the right to take a medical leave of absence. Your employer must accommodate you during this period of time. Taking some time away from work can give you the space and time needed to recuperate and rest. With a lawyer by your side, you can take the time off in peace knowing your legal rights are being looked after.
We can help you through the process of requesting a medical leave of absence from your employer. There are a few important steps that can make the process as stress-free as possible. We can assist you, validate you, and empower you through this process to give you the time and space needed to heal.
Your employer or insurer may request medical or other information from you while you are on your medical leave. We can help you assess whether those requests are reasonable and assist you in corresponding with your doctor and employer as needed
You may be entitled to disability insurance, which is often referred to as short-term disability or long-term disability insurance. We can help you with the application process, coach you through the process, and correspond with your doctor and insurer with the goal of helping you secure ongoing benefits until you are no longer eligible.
Reviewing &
Negotiating
Offers of Employment
When you are offered a new role, you will receive an offer of employment or independent contractor agreement that lines out the relationship between you and your employer. You’ll typically have a very short time frame, usually 48 hours, to review and return the signed contract to your employer. We highly recommend that most employees have their contracts reviewed by a lawyer in advance.
Besides helping you negotiate favourable terms, the main value of speaking with an employment lawyer before signing back an offer is to understand your rights with respect to the employment offer. We can help you have a clear understanding of your compensation, including bonuses, commissions, deferred compensation, stock options, your rights during employment and your rights on termination.
We can help you go through the offer to understand your rights and responsibilities, your compensation structure, any workplace policies, assess whether a conflict of interest exists, assess your competing obligations to previous employers or entities, and answer questions about what will happen upon the termination of your employment.
Contracts generally benefit the party drafting it, which in this case, is the employer. While we can’t have every employer-friendly term negotiated away for you, there are some scenarios where the employer will entertain minor to moderate changes to the contract. These changes can have a huge impact on your employment rights.
Coaching
Through
Workplace Conflict
Requesting and managing a medical leave.
Requesting workplace accommodations.
Responding to a reprisal against you.
Responding to a temporary layoff notice.
Responding to changes to your employment terms. (compensation, hours, schedule, title, position, duties, etc.)
Addressing bullying, harassment, sexual harassment, and other toxic behaviours.
Responding to disciplinary measures against you.
Responding to concerns about your performance.
Responding to allegations of misconduct.
Inform you of your rights.
Coach you, guide you, and provide moral support behind the scenes.
Ghost write letters and correspondence to your employer or third parties on your behalf.
Correspond with third parties, like insurance companies, for you.
Deal directly with your employer on your behalf.
