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5 Reasons Why You Need an Employment Lawyer

employment lawyer book

Employees have rights. People are often unsure of their rights and options as an employee and are hesitant to reach out to an employment lawyer for advice when an issue or workplace dispute arises. If you are confronted with an issue relating to your employment, the best course of action is to seek confidential advice from a lawyer who specializes in employment law without delay. A skilled employment lawyer can review your matter, explain your rights and options, and help you determine whether you need legal assistance. There are many situations where an employee would benefit from the guidance of an employment lawyer. Niagara’s J. Leigh Daboll prepared this list of the top five reasons why you may need an employment lawyer.

 

Niagara’s J. Leigh Daboll Law Office on why you need an employment lawyer

An experienced employment lawyer can keep conflict from further escalating, ensure your rights are protected, advocate on your behalf, and secure a fair resolution for you as an employee, whether by negotiation, mediation, or trial. While employment lawyers handle a variety of workplace issues, here are five specific reasons why you need the services of an employment lawyer:

  1. To understand your employment contract and make sure it is fair. Your employment contract will shape the employment relationship and your rights when employment ends. You should not feel pressured to accept a job offer or employment agreement immediately after you receive it. Ask for time to look over the contract, and have a lawyer review the terms with you, paying particular attention to non-solicitation or non-competition clauses and terms purporting to limit your entitlement to severance if your employment is terminated. If terms are unfair or unacceptable, an employment lawyer can advise you and assist with negotiating ideal terms.

  2. Because your employer is not respecting your rights and entitlements. Employer breaches of employment law standards and unfair treatment of employees is unfortunately common. Examples include refusing to pay overtime, failing to follow health and safety regulations, breaching employee privacy rights, denying sick leave or leaves of absence, and refusing pregnancy or parental leave entitlements under the Employment Standards Act, 2000. If your employer is not following the law or ignoring company policies, an employment lawyer can provide you with confidential advice on your rights and options to remedy the situation.

  3. You are facing workplace harassment or discrimination. Get confidential advice from an employment lawyer if your employer, supervisor, or co-worker is subjecting you to workplace violence, bullying or harassment, including sexual harassment, or if you are facing unequal treatment or discrimination in the workplace. An employment lawyer can intervene to handle the situation and protect you from retaliation or intimidation for making a complaint. If the situation cannot be addressed or your employer refuses to remedy the situation, legal action may be necessary and a knowledgeable employment lawyer can help you file your claim.

  4. Your employer is trying to impose major changes to your employment. If your employer decides to make substantial changes to your job duties, compensation, or benefits without your consent, you may be put in a situation where you feel that you have to accept the lesser terms or quit. Your employer’s unilateral actions may amount to what is known as “constructive dismissal” and if so, you have all the same rights as if you were fired. Some employee layoffs can also amount to constructive dismissal. The law in this area is complex, so you should speak with a lawyer without delay to determine if you have been constructively dismissed.

  5. To evaluate a severance package or wrongful dismissal claim. If you are being “let go” by your employer or your employment is being terminated without just cause (e.g., downsizing or being “packaged out”), you have rights and entitlements when it comes severance and you should review the severance package with an employment lawyer before accepting it. You should also seek advice from an employment lawyer if your employer has fired you and alleges cause or is not offering you proper pay in lieu of notice of termination, as you may have a claim for wrongful dismissal (also known as wrongful termination). An experienced employment lawyer can keep conflict from further escalating, ensure your rights are protected, advocate on your behalf, and secure a fair resolution for you as an employee, whether by negotiation, mediation, or trial. While employment lawyers handle a variety of workplace issues, here are five specific reasons why you need the services of an employment lawyer:

  6. To understand your employment contract and make sure it is fair. Your employment contract will shape the employment relationship and your rights when employment ends. You should not feel pressured to accept a job offer or employment agreement immediately after you receive it. Ask for time to look over the contract, and have a lawyer review the terms with you, paying particular attention to non-solicitation or non-competition clauses and terms purporting to limit your entitlement to severance if your employment is terminated. If terms are unfair or unacceptable, an employment lawyer can advise you and assist with negotiating ideal terms.

  7. Because your employer is not respecting your rights and entitlements. Employer breaches of employment law standards and unfair treatment of employees is unfortunately common. Examples include refusing to pay overtime, failing to follow health and safety regulations, breaching employee privacy rights, denying sick leave or leaves of absence, and refusing pregnancy or parental leave entitlements under the Employment Standards Act, 2000. If your employer is not following the law or ignoring company policies, an employment lawyer can provide you with confidential advice on your rights and options to remedy the situation.

  8. You are facing workplace harassment or discrimination. Get confidential advice from an employment lawyer if your employer, supervisor, or co-worker is subjecting you to workplace violence, bullying or harassment, including sexual harassment, or if you are facing unequal treatment or discrimination in the workplace. An employment lawyer can intervene to handle the situation and protect you from retaliation or intimidation for making a complaint. If the situation cannot be addressed or your employer refuses to remedy the situation, legal action may be necessary and a knowledgeable employment lawyer can help you file your claim.

  9. Your employer is trying to impose major changes to your employment. If your employer decides to make substantial changes to your job duties, compensation, or benefits without your consent, you may be put in a situation where you feel that you have to accept the lesser terms or quit. Your employer’s unilateral actions may amount to what is known as “constructive dismissal” and if so, you have all the same rights as if you were fired. Some employee layoffs can also amount to constructive dismissal. The law in this area is complex, so you should speak with a lawyer without delay to determine if you have been constructively dismissed.

  10. To evaluate a severance package or wrongful dismissal claim. If you are being “let go” by your employer or your employment is being terminated without just cause (e.g., downsizing or being “packaged out”), you have rights and entitlements when it comes severance and you should review the severance package with an employment lawyer before accepting it. You should also seek advice from an employment lawyer if your employer has fired you and alleges cause or is not offering you proper pay in lieu of notice of termination, as you may have a claim for wrongful dismissal (also known as wrongful termination).


Do you need a Niagara employment lawyer?

As a trusted legal adviser in Niagara, J. Leigh Daboll provides his clients with confidential legal advice in all employment law matters, including wrongful termination, constructive dismissal, workplace bullying, and harassment in the workplace. Centrally located in Fonthill, just a short drive from Niagara Falls, Welland, and St. Catharines, lawyer J. Leigh Daboll is here to provide you with wise legal counsel and clear strategies. Our law firm offers an “unbundled” law service option for many employment matters, which can save you legal fees with no reduction in the quality of necessary or required legal services. Please contact us today for more information about how our Niagara employment lawyer can help you.


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