Employment Lawyer in Vancouver

Assisting Employees and Businesses Resolve Their Legal Issues

Most individuals need to realize how essential employment law is in relation to their daily lives. If you are employed in any type of capacity, there are employment laws in place that protect your legal rights. Similarly, if you are an employer, laws are designed to protect your rights.

However, issues often arise that require an employment lawyer’s legal services. An employment lawyer can work to resolve matters before they cause further problems in the workplace.

At Labour Rights Law, our dedicated team is highly skilled in all aspects of employment law and would be happy to review your case. If you want to learn more about how we may be able to assist you in dealing with unfair labour practices or obtain advice on how to protect your business, contact our law firm in British Columbia and ask to schedule a consultation with our experienced lawyer, who can answer your questions.

What Type of Legal Matters Do Employment Lawyers Handle?

Employment lawyers are qualified to handle various legal matters that often arise between employers and employees. Some of the most common employee legal issues lawyers handle for employees include:

  • Employment contracts
  • Severance pay
  • Wrongful or constructive dismissal
  • Non-competition clauses
  • Human rights and disability issues
  • Issues related to employment standards, including overtime and work hours.

For employers, some of the most common legal issues that lawyers handle include:

  • Employment contracts
  • Workplace policies
  • Terminations
  • Workplace investigations
  • Job performance management
  • Disciplinary actions
  • Occupational health and safety issues
  • Human rights and disability issues

Regardless of whether you are an employee or employer, our lawyers will work with you to ensure success in the workplace. Contact our employment law firm to learn how we can help your organization.

What is Wrongful Dismissal?

Many employees who have been terminated from their place of employment often feel they have been wrongfully dismissed. However, wrongful dismissal occurs when an employee is terminated in a way that could be considered a breach of the conditions specified on their employment contract.

However, because employers may interpret contracts differently than employees, disputes often become hotly debated legal issues in workplaces. It should also be noted that in Canada, even if the employer and employee have not signed a formal contract, a virtual contract may exist by the mere existence of an employment relationship.

Under provincial law, an employee cannot face termination for several other reasons, which include:

  • Discrimination: Employees cannot be fired due to disability, age, race or nationality, sex or sexual orientation, or religion.
  • Illegal activities: Employees cannot be fired because they refused to commit an illegal act.
  • Retaliation: Employees cannot be fired because they complained about unfair or discriminatory treatment.

Therefore, if it can be determined an employee was wrongfully terminated, they may be able to recover compensation or be reinstated.

If you are an employee who feels they have been wrongfully dismissed, you need to understand your legal rights. Conversely, we educate employers and explain what situations may be appropriate for termination.

Why is it Important to Have an Employment Contract?

Employers and employees both benefit from having an employment contract in place as it gives both sides guidelines of what is expected from one another. However, the Employment Standards Act (ESA) provides more insight into employee contracts, stating that minimum employment standards apply without a written contract. Nevertheless, specific industries where individuals are self-employed may be exempt from ESA.

In most instances, both parties must sign an employment contract before the employee starts the job. As a word of warning, failure on either the part of the employer or employee to sign before work commences could result in the contract being unenforceable.

For this reason, it is always in an employer’s best interests to allow experienced employment lawyers to review contracts and ensure their enforceability.

Additionally, there is no set time limit on how long employers should allow new employees to sign their contracts. Therefore, it is always good practice for an employee to have sufficient time to take the contract to an employment lawyer who can review it.

Our legal staff has the experience necessary to ensure that people on both sides can understand the legalities of employment contracts so they will feel secure heading into the future.

Can an Employee on Medical Leave or Disability Be Terminated?

Employers in British Columbia have a legal obligation to accommodate workers with disabilities. However, under provincial law, employers have a legal right to terminate workers even if they are on medical leave or disability.

Nevertheless, employers must be careful about terminating a worker who is out on medical leave or modified duties. An employer must be able to demonstrate with supporting evidence that the employee’s disability was not a determining factor for their termination. However, if employees feel their rights have been violated, they may be eligible to file a complaint, which could cost both sides valuable time and money.

For this reason, employers should only terminate an employee after consulting with experienced employment lawyers like those of Labour Rights Law who can thoroughly evaluate the case.

Why Should I Choose Your Employment Lawyer to Handle My Legal Needs?

Unlike other Vancouver employment lawyers who often focus on profits rather than the people they serve, our law firm is client-centered.

Our Vancouver legal team will take the time to listen to your employment matter and determine what legal options may be available. One of the main goals of Labour Rights Law of BC is to work on employees’ behalf to help them get the fair treatment and justice they deserve.

At Labour Rights Law of BC, our goal is to help employers and employers by providing them with the legal information they need to be confident about the future. If you would like to learn more about how we can help your company or wish to discuss your rights as an employee, contact our law firm at 604-245-3169, and we will gladly schedule an appointment to meet with you and discuss your legal issues.