How Employment Lawyers Protect Your Business

Experienced employment lawyers can be a valuable asset for small businesses and start-ups in Ontario from formation and throughout their growth. They offer a wide range of employment law services to help companies comply with various federal and provincial regulations that govern the workplace, such as drafting contracts and agreements, creating employment policies and facilitating employment law cases on unfair dismissal, wage-related issues, workplace harassment disputes and other complaints concerning the relationship of workers and employers.

Employment Law in Canada

One of the major challenges facing many small businesses today is the complicated legal environment in which they operate.

Canadian employment law is very complex. There are laws and regulations at the federal level, such as The Canada Labour Code (CLC). In addition to Canada-wide laws there are laws for each province and territory. Depending on where a business is located, there could also be local factors that could impact labour law and employment law at the municipal level.

Lawyers specializing in employment law are well-versed in both federal and provincial regulations that govern employment practices regardless of the nature of the business or where it is based in Ontario. They provide invaluable guidance to employers with regards to relevant legislation on any workplace issue like sexual harassment or constructive dismissal in Ontario and help companies avoid significant legal pitfalls. 

Employment Law Help For Employers

In addition to drafting and reviewing employment contracts, there are other ways employment lawyers play a crucial role in helping small enterprises navigate the unique challenges of Ontario employment legislation.

Compliance with Ontario employment laws

The Employment Standards Act (ESA) is the foundational basis of employment law in Ontario. The ESA sets the national standards related to wages, working hours, overtime pay, vacation time, paternal and maternal leaves, termination of employment, collective bargaining, disability insurance, workplace health and safety, and more. In addition to ESA, there are other laws that protect the rights of both employers and employees, such as the Occupational Health and Safety Act (OHSA), Ontario Human Rights Code, Workplace Safety and Insurance Act and the Pay Equity Act among others.

Employment attorneys are updated on changes in these laws and can provide employment law advice to make changes in the systems and processes of business operations, such as in recruitment, training, employee management and terminations to ensure compliance and reduce the risk of legal disputes.

Manage termination, layoff or dismissal

If you choose to terminate an employee, employment termination lawyers can help you negotiate fair severance packages that meet all applicable legal requirements relating to the Ontario minimum severance pay as outlined in the Employment Standards Act (ESA) to minimize the risk of wrongful dismissal claims. They can also provide invaluable advice on the  types of dismissal in employment law, including constructive dismissal, probationary termination and temporary layoff, and help you handle the termination process to avoid potential lawsuits.

Defend your business against disputes and lawsuits

Wrongful dismissal lawyers can provide crucial help when it comes to determining and defending a just cause for termination of employment in cases where the employee is challenging the termination. Wrongful termination lawyers can help you build a defense to show that you had valid reason to fire the employee. They can represent you in negotiations or defend the business in court if necessary. 

Prevent workplace harassment and discrimination

All businesses in Canada also need to comply with Canadian Harassment Training Laws to ensure a safe, healthy, and violence-free environment for employees. You can consult with an employment harassment lawyer to develop policies against workplace harassment and discrimination to ensure compliance with both federal and provincial laws such as The Canadian Human Rights Act and the Occupational Health and Safety Act (OHSA). This proactive approach will prevent issues that may lead to formal complaints which can be extremely costly for any employer. 

Correctly classify employees

Another critical aspect of employment law for business and human resources professionals is understanding employee classification. Labor and employment law attorneys can help new businesses in Ontario understand the unique distinctions between employment law vs labour law in correctly classifying workers as either full-time, part-time, unionized employees, probationary employees or interns to ensure compliance with the Employment Standards Act, 2000 (ESA). Categorising workers in the correct legal framework will help define their tax status, benefits and workers’ rights, and help manage both non-unionized and unionized employees effectively and legally. Potential misclassification of workers is a serious violation of the ESA which can lead to hefty fines ranging from $50,000 to $500,000 and even possible criminal prosecution for employers.

Employment Lawyer Free Consultation

The employment lawyer does more than draft and review contracts for startups and small businesses. It is one important part of their role, but they play other equally crucial parts in helping new companies navigate the complexities of employment laws in Canada. They serve as vital resources when you are starting your business to help you prevent legal risks as well as contribute to setting up a legally compliant and nondiscriminatory work environment for both employers and workers.

It’s never too early to protect your business from legal issues. Get started now! Contact us to schedule a consultation with our legal team and connect with our experienced employment law lawyers.

Click here for EMPLOYMENT LAWYER FREE 15-Minute CONSULTATION