Employment Law
Our experienced employment lawyers are able to assist you with all varieties of employment matters, from onboarding to offboarding, and everything in between. We handle both the employer and employee side and understand the nuances of the employment relationship.
Ask us about our employer subscription option.
Employment Services
Employer Services - including employment agreements, advice on severance packages, and everything in between.
Employee Services - including reviewing employment agreements, reviewing and negotiating severance packages, human rights claims, etc.
OUR PROCESS
We strive to make the process simple and straightforward because we know that regardless of whether you’re starting litigation, responding to a claim, or just wondering if you need a lawyer, the dispute is stressful enough.
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The first step is to reach out to our office so that we can gather your basic information. We will need your name and the company’s name. We also gather the names of all the other people or companies involved so that we can ensure there are no conflicts (and inform you immediately if this is something we cannot help with).
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Our first step is usually a phone call or initial meeting to review the situation and establish a plan forward. Whether this is a litigation matter, a drafting exercise, or something else, each situation will require a different strategy. So the initial meeting or call will assess the next steps.
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If you and the lawyer decide that this is something we can help you with, we will proceed to open a file. This requires signing a retainer agreement, confirming that we are officially retained to assist you and setting out what we are retained to assist you with.
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Each file will have a slightly different process depending on the circumstances. Some examples include:
Drafting - we can start from scratch or work with a pre-existing template that you are already using.
Severance package advice or review - we will discuss what the appropriate range of severance should be, based on the law.
Is Employment Law the service for you?
I’ve been demoted or terminated while on maternity or medical leave. What now?
I want to hire employees and limit my exposure if it does not work out.
I have been terminated from my employment, and I don’t know if I’m entitled to anything.
I need to terminate my employee, but I don’t know what I owe them or how to package it out.
Do I have just cause for termination?
I am buying a business and need to hire the existing employees.
PRACTICING LAWYERS
Sara Tebbutt Albert
Nataya Smetaniuk
Frequently Asked Questions
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We never recommend accepting the severance package offer and signing a release without seeking legal advice. Employers do not typically present the best offer upfront, and depending on your employment contract, you may be entitled to significantly more than the minimums outlined in the Employment Standards Act.
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Just cause is a high bar to establish and requires a significant wrongdoing on the part of the employee - typically something equivalent to fraud, theft, insubordination, workplace harassment, or a clear breach of a company policy. It is always recommended that you speak to a lawyer to determine whether your situation amounts to just cause before you allege it.
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Employees are a key asset and their employment rights should be a key consideration when you’re looking to buy into a business. The purchase and treatment of those employees may vary depending on whether you are buying shares, or buying assets only. The selling company cannot simply terminate all employees - there are minimum notice periods that must be offered upon termination of an employees employment. In addition, there may be common law notice periods that are also owed. The deal can be structured to include those liabilities, or not. It is highly recommended that you work with your transaction lawyer and an employment lawyer to protect everyone the way you intend.
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In BC, employees have the right to take unpaid maternity leave and parental leave. These leaves are job-protected, which means your employer must allow you to return to the same position, or a comparable one, when you come back. There are also clear human rights protections that prevent an employer from discriminating against an employee on the basis of sex, which includes pregnancy and childbirth. If you’ve been terminated while on a protected leave, consult an employment lawyer. There are a variety of remedies available.
