Chat with us, powered by LiveChat

Employment Law Consultations

resignation


Employment Law Consultations

When you need expertise and advice we will be in your corner

Why should you have a consultation?  If you have a workplace dispute of any kind, you should speak with one of our lawyers before taking any action that could affect your situation at work. 

A legal consultation at Whitten & Lublin, Employment & labour Lawyers is specifically designed to:

  • Learn about your situation and listen to what is happening to you;
  • Provide you with specific and clear legal advice in a manner that you can understand and respect;
  • Devise a clear strategy to assist you and remedy the harm that you face; and
  • Explain the costs, risks, timeline and options for proceeding with your matter beyond the first meeting.

Most importantly, our lawyers are here to support you and advocate on your behalf when you need us the most.  This is Whiten & Lublin’s commitment to you.  

When will you benefit from a consultation?

1) You were dismissed and given a severance package:

If you were terminated, in most cases you will be provided with a severance offer. That offer should be in writing and you should receive at least 7 days to consider it. In some cases, your ex-employer will only provide you with the severance package if you sign a Release or Waiver. Do not sign or agree to anything until you have received advice from an employment lawyer, who will review the package with you.

The lawyers at Whitten & Lublin have reviewed thousands of severance packages just like yours that deal with issues such as: Severance payments, bonuses, health and disability benefits, stock options and unpaid equity, post employment restrictions, mitigation clawbacks and more. 

2) You were terminated and were NOT provided with any notice or compensation:

In some case, your employer will terminate you for alleged misconduct without offering you any form severance whatsoever. Being terminated in this fashion is serious and just because the employer claims there is misconduct does not mean that the courts will support that decision. Employers have the legal burden to justify that you were properly terminated for just cause, considering all of circumstances and mitigating factors.

The lawyers at Whitten & Lublin have handled countless cases involving serious allegations of just cause for dismissal including: Dishonesty; theft; insubordination; poor performance; or any other form of serious misconduct.

3) You think you may be terminated in the near future:

Many times, you have some indication that you may be terminated in the near future. You may be aware, for example, that a restructuring is going to happen. In other cases, your relationship with your superiors has changed and you now feel that you are being documented or that your performance appraisals do not accurately portray how you re performing. There are times when you will probably be able to see a termination coming before it actually happens.

If you are in this position, the lawyers at Whitten & Lublin can assist you in building the strongest case possible should your termination indeed occur or in responding to a negative performance review. There are many pre-termination strategies we can discuss to give you the comfort you need in dealing with the possibility of a job loss.

4) Your job or pay was fundamentally changed and you do not agree to those changes:

If your job duties, pay, or any other important aspect of your job (including the environment) are fundamentally altered, without advanced notice, and without your agreement, you may be constructively dismissed. In such a case, it is critical to meet with an employer lawyer as soon as possible after the changes are made known to you, so that you will not be seen as condoning or agreeing to the changes. If you are constructively dismissed, you may be entitled to damages in the same way as if you were outright terminated.

The lawyers at Whitten & Lublin have successfully handled countless cases of constructive dismissal and have the necessary experience to provide you with the advice at the time right when you need it. 

5) You are experiencing harassment at work from a boss or from another supervisory employee:

Being harassed by another employee, especially those who are in a position to confer or deny a benefit may also lead to a situation of constructive dismissal and therefore, entitle you to damages as if you had been terminated outright. Harassment in any form is never an acceptable situation at work.

The lawyers at Whitten & Lublin consistently provide advice and support for employees who claim harassment in the workplace and we can act as an advocate to support you to either make a claim or prevent further harassment from happening.    

6) You are being discriminated against:

Provincial and Federal human rights legislation protects employees from discrimination on the basis of a number of grounds, including age, race, disability, place of origin, religious beliefs and gender.

Employers have an obligation to provide a harassment free workplace on the basis of those grounds. If you are being treated differently than others, either by your employer or by other employees because of these personal characteristics you should meet with an employment lawyer.

Whitten & Lublin has represented thousands of individuals in human rights and discrimination based matters and have the experience and expertise to successfully guide you through the process and protect you from harm. 

7) There are restrictions on your post-employment activities:

There may be restrictions on your activities following the end of your employment. You may be prohibited from working in a certain industry or using certain information that you obtained during your employment. You may also be prohibited from contacting old customers or clients or even your former co-workers if the purpose is to solicit them to leave their job. Your employment contract may specifically state what you can and cannot do. However, even if your contract does not mention any restrictions, the law may still require that your refrain from engaging in certain conduct that may be detrimental to the activities of your former employer.

Whitten & Lublin have advised thousands of departing employees on the restrictions they may or may not owe to their former employers and the consequences of violating those clauses. 

8) Your have received an employment or consulting contract:

A written employment or consulting agreement is a critical legal document that will set out the terms of your employment or relationship.  Employers often stack these agreements with terms that serve to benefit them.  These contracts can be hard to understand and the terms can cause you to lose entitlements that you would otherwise have, such as severance and other matters. 

Whitten & Lublin can assist you to review the terms of your employment or consulting agreement to make sure that the terms are fair and that you understand what you are being asked to sign and the impact the language can have on you later on.    

What should you bring to a consultation?

You should bring any information that is relevant to your complaint or concern. Generally, the following list is a useful guide:

  • Your employment contract or an offer letter;
  • Any document that you were given or asked to sign stating the terms of your employment;
  • Any disciplinary letter that you received;
  • Copies of important emails;
  • Any other document that you feel is important to your case.
  • Most importantly, if you prepare 2 page summary of relevant events and send this to us in advance of our meeting, your lawyer will review it before the meeting and will then be able to spend your time together more effectively.

GET ADVICE

 

Why Client Choose Us?

  • Nationally recognized in 2018 as one of Canada's Top 10 Employment & Labour Law Firms, by Canadian Lawyer Magazine
  • Lawyers are recognized as “Leading Practitioners” by Lexpert, which is the largest annual survey of leading lawyers in Canada and an acknowledgment of excellence voted on by peers.
  • Far more positive Google reviews and recommendations from past clients than any other Employment and Labour Law Firm in Canada