We have extensive experience representing employers in wrongful dismissal, constructive dismissal and other related actions, including enforcement of non-competition, non-solicitation and confidentiality covenants and agreements.
Our team has represented clients at all levels of court when matters proceed to litigation and is also skilled at negotiations and settlement of claims where litigation should be avoided.
Contracts of Employment
We provide proactive advice concerning the management of employees and the implementation of employment contracts and policies as measures to mitigate the risk of litigation.
We also draft independent contractor agreements and advise employers on strategies to limit the risks associated with an independent contractor workforce. We provide direction to assist our clients in managing their independent contractor workforce and develop strategies to ensure that those engaged as contractors are truly independent contractors and not employees.
Termination + Severance
We advise employers with respect to employee terminations at the time of breakdown of the employment relationship and also work with our clients to minimize the time and cost associated with an employee termination by pro-actively drafting termination clauses in employment contracts and giving advice on performance management.
We offer advice in complex situations such as just cause terminations, disability or other leave situations, and situations involving the use of alcohol and drugs.
We advise employers on the elements of proper, fair and defensible severance packages. This includes considerations of working notice or pay in lieu, the appropriate reasonable notice period, continuation of benefits after the termination date, provision of reference letters, and outplacement counselling as well as whether to negotiate with a dissatisfied employee.
We help businesses and organizations mitigate risks by preparing, developing, adapting and reviewing workplace rules, policies and procedures and help to ensure our client’s policies are current on employment law developments. We provide legal advice on workplace rules, policies and procedures such as:
- Performance evaluations
- Hours of Work
- Personal leave
- Sick leave
- Compassionate leave
- Maternity and parental leave
- Other leaves of absence
- Employee bonuses and benefits
- Professional development
- Electronics and Internet
- Harassment and sexual harassment
- Progressive discipline
- Dress codes and uniforms