As both an experienced employment lawyer and the host of Canada’s only employment law show on TV and radio, I try to help educate people to help them better understand their employment rights. But many of us have come up against situations in our careers where we’ve found it hard to advocate for ourselves.
In those cases, a legal professional can help. Employment lawyers can help guide people through times when their employment rights have been violated. It happens more often than you’d think.
Here are five common situations where an employment lawyer can make a big difference in helping you secure the best possible outcome.
When you’re laid off
In my experience, more than 90 per cent of people are not offered a fair severance package when they’re let go. An experienced and qualified employment lawyer can help you quickly and fairly negotiate a better offer.
Employees often tell me that their employment contract has a clause restricting their severance or termination pay. Companies do this to try to limit what they have to pay an employee. But these clauses are often not valid, and sometimes they are even illegal, so an employment lawyer can still find a way to get you the severance you’re entitled to.
If you were let go in the last two years and had an employment contract that restricted your severance pay, you should contact my firm immediately to find out if you’re owed more.
READ MORE: 5 vital facts about severance pay you probably weren’t aware of
When you’re asked to sign an employment contract
An employment contract, or employment agreement, is a legal document that governs the relationship between an employer and an employee. It outlines your hours of work, the terms of your employment, compensation and certain workplace policies.
When you get a new job, it can be tempting to only review the contract for your compensation and vacation. But some contracts have clauses that could allow your employer to make changes to your job, let you go without severance or put you on a temporary layoff without your consent.
It is critical to have an employment lawyer review your contract to identify areas of concern and negotiate changes to make the contract more beneficial to you. I typically see at least a dozen things in an employment contract that could cause problems for my clients.
READ MORE: What you need to know before you sign an employment contract
When you’re dealing with workplace harassment
We all have a right to a safe, healthy and supportive work environment. Your company should have a policy that outlines someone to speak to if you’re being harassed.
I also recommend submitting a statement, such as an email, to inform your employer of the harassment in writing. Clearly state what’s happening, who is mistreating you and what you want to change. Once you’ve informed an employer that harassment is taking place, they have a legal obligation to address the situation.
If your employer was informed but failed to do anything, or if your employer is the one harassing you and you can’t deal with it internally, an employment lawyer can help you explore your legal options. You may have a claim for constructive dismissal, which means that you could quit your job and still receive severance pay.
When your employer wants to make changes to your job
An employment contract is a legally binding document that outlines the terms of your employment, job title, duties and compensation. Your employer cannot change these terms simply because they want to.
If your employer does make changes to your job and you don’t speak up, though, you may be deemed to have accepted those changes in a legal sense. This could even give your employer the right to make more changes in the future.
If your job has changed or is about to change in ways you don’t like, I suggest speaking to an employment lawyer to decide what to do.
When you’re not sure your employer is allowed to do something
An employment lawyer’s job is to protect your rights. If your employer is doing something they aren’t supposed to, sometimes just having a lawyer on your side can go a long way.
I’ve found that you don’t necessarily need to start a claim or threaten your employer. Quite often, a lawyer can help negotiate a satisfactory resolution. If you have questions about your employment rights, contact an employment lawyer to get answers.
Have you been let go from your job? Not sure what your rights are at work?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and partner at Samfiru Tumarkin LLP, one of Canada’s leading law firms specializing in employment law and disability claims. He provides free advice as the host of Canada’s only Employment Law Show on TV and radio.