The 2022 employment-population ratio in Canada is 75.03%. This statistic represents the total number of employees hired in Canada in the year 2022 and gives an insight into the employment rates.
There are various employment laws put in place to guide the workplace. Employment law is an employer-employee law that governs employer and employee relationships. It also protects the obligations and rights of both parties.
What does an employment lawyer do?
Employment lawyers address workplace conflicts in violation of employment laws. Workplace conflicts include issues and concerns on wages, discrimination, workplace safety, and wrongful termination. This article addresses when it is appropriate to reach out to an employment lawyer in the event of workplace conflicts.
There are various services provided to employers and employees by employment lawyers. Some of the tasks an employment lawyer can help you with include the following:
- Explaining to you your legal rights in the workplace
This includes the applicable laws that have to do with supporting such rights and options available in case of violation.
- Compliance with employment laws
Employment lawyers ensure employers are compliant with various employment laws. They help in drafting policies for the workplace in compliance with anti-discrimination laws. They also help employers understand their obligations in complying with different employment laws.
- Filing claims with appropriate governmental agencies
An employment lawyer can help you file a complaint with relevant employment tribunals when you are faced with injustice in your workplace.
- Creation of employee handbook for an employer and making sure it complies with extant laws.
- Assistance with the litigation process of employer-employee disputes
- Consulting and advising on labor and tax laws for the employer
- Help with the legal formalities involved in hiring immigrants
Guide in choosing an employment lawyer
- You can search the internet to find the best employment lawyers within your location. The information provided on the internet may include the company’s website. Checking a lawyer’s company website gives you an insight into how the firm can help your case. Online reviews can also help you in choosing an employment lawyer.
- Ask family and friends for recommendations. These oftentimes are the best ways to find a lawyer. Their recommendations are often based on first-hand experiences with these lawyers. If the lawyers recommended do not specialize in employment law, they can refer their colleagues who do.
- Ask about their experience in handling employment cases, that is to say, the number of cases they have handled and the success rates of these cases.
- Ask for their fees and make sure it is within your budget.
- Choose an employment lawyer you can trust. A lawyer-client relationship is a fiduciary one and should be based on trust.
The best time to get an employment lawyer
It is best to be proactive and not wait till there is a problem to consult an employment lawyer. You should hire an employment lawyer for the following situations as an employer:
- When employing workers (this also involves freelancers,immigrant and contract employees)
- Disciplining an employee
- Termination of an employee
- Creation and update of an employee handbook
- Creation of company policies
- Draft employment contracts with employees
- Draft contracts with clients
- Upon receipt of a demand letter from your current and former employees
- Upon receipt of any workplace lawsuit
- Upon receipt of notice of investigation from a government agency
- To defend you when cited for non-compliance before governmental agencies
- Representation in negotiations with a union
You should hire an employment lawyer for the following situations as an employee:
- Wrongful termination of employment
- Being in a toxic work environment and mistreatment by your employer
- Being subjected to an investigation in your workplace. This is like a case in court and might involve interviews, evidence, and documents. An employment lawyer is needed to preserve your rights and help you navigate the process.
- Negotiation of the terms of your job offer
- Review of your employment contract
- Harassment at the workplace by other employees
- Discrimination is due to certain characteristics, for example, pregnancy, culture, race, or religion
- Non-payment of wages and other employment benefits by your employer
What to do when preparing for an employment lawyer consultation
Firstly, you must get your facts straight. You need to make sure you discuss the facts of your case to your employment lawyer in chronological order. This way you do not miss out on important facts.
The facts of your case must state the following:
- Date of the start of your employment
- Persons you report to at your workplace
- Your performance evaluation score
- Witnesses to back up your claim
- Evidence to support your case
Secondly, you must have some documents readily available upon request during your consultation such as the following:
- For reviewing your employment contracts, you must show a letter of offer for employment.
- Documents related to an immigrant’s green card and visa are mandatory for immigrant employment. Every type of employment-based visa has its own benefits. An EB-5 visa allows investors and their family members to apply for a green card.
- List of witnesses who can corroborate your legal claims
- A copy of your resume to help the lawyer know your type of work and work history
- Documents received from your workplace. This includes employee handbooks, letters for termination of employment, and paperwork signed.
- Documents reflecting your job descriptions and job performance. This includes a performance review and emails about your work performance.
- All text messages and emails between your employer and other employees
- Evidence of complaints made in the workplace
- Evidence of employment benefits received, for example, salary. This helps the lawyer determine the value of your compensation.
Third, listen and take the lawyer’s advice. An employment lawyer’s judgments after an evaluation of your case are based on legal training and experience. You should trust your lawyer has your best interest and listen to their advice.
Fourth, communicate your expectations with your employment lawyer. You should communicate clearly what you expect from your representation. A lawyer-client relationship thrives on effective communication. This guarantees your case the best outcome.
Doing all these helps you present your case clearly to your employment lawyer during a consultation. It also makes it easier for the lawyer to assess your claims and give the best advice possible.
Employment lawyers are important in the workplace. They help preserve your rights as well as ensure justice in the workplace under the relevant laws. Knowing the right time to involve an employment lawyer not only saves you time and money but also brings about workplace justice.