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Employment Law

Kelly + Singh Lawyers LLP > Employment Law
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Employment Law

People spend much of their time in the workplace. Whether you are an employer or an employee, the rights and obligations involved in this relationship can be complicated and how they affect any disputes that arise can impact on you financially. From assisting with internal employee policy development and providing pro-active advice on employment contracts, to reviewing termination or severance packages, and dealing with workplace safety issues. Whether you are an employer or an employee, we can help you understand your rights and obligations so that you are in the best position to protect yourself along every step of the relationship.

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Employment Law

Whether you are an employer or and employee, we can help you understand your rights and obligations...

Whether you are an employer or and employee, we can help you understand your rights and obligations so that you are in the best position to protect yourself along every step of the relationship.

 

  • Policy Development
  • Contract Review
  • Wrongful Dismissal
  • Employment Termination
  • Workplace Injury
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Testimonials:

They have always been there to help and accompany with my legal matters, they are very dependable.

Client E.Q.

2016-08-18T08:53:43+00:00

Client E.Q.

They have always been there to help and accompany with my legal matters, they are very dependable.

Kelly + Singh made the things I had to be involved in easier, they always returned my calls, and everyone is friendly and courteous.

Client S.M.

2016-08-18T12:06:21+00:00

Client S.M.

Kelly + Singh made the things I had to be involved in easier, they always returned my calls, and everyone is friendly and courteous.

Kelly + Singh made the path straight and forward, they knew the game and how to play it well, they made a potentially confusing situation easy to understand, I never had to question what was going on in the case.

Client F.C.

2016-08-18T12:17:56+00:00

Client F.C.

Kelly + Singh made the path straight and forward, they knew the game and how to play it well, they made a potentially confusing situation easy to understand, I never had to question what was going on in the case.

I remember Mr. Kelly telling me that you can’t stop living, you have to keep going, That was what I really needed to hear.

Client L.M.

2016-08-18T12:19:13+00:00

Client L.M.

I remember Mr. Kelly telling me that you can’t stop living, you have to keep going, That was what I really needed to hear.

Kelly + Singh did a great job, they got things moving along and I’ve never seen such good customer service, it was a delight to have someone to call that handled things so well, the staff was very attentive and pleasant.

Client J.B.

2016-08-18T12:21:14+00:00

Client J.B.

Kelly + Singh did a great job, they got things moving along and I’ve never seen such good customer service, it was a delight to have someone to call that handled things so well, the staff was very attentive and pleasant.

Their work has allowed me to focus on myself and not worry about the legal process, they were patient with me, answered my questions, I’ve recommended them to several people and would recommend again

Client S.M.

2016-08-18T12:22:44+00:00

Client S.M.

Their work has allowed me to focus on myself and not worry about the legal process, they were patient with me, answered my questions, I’ve recommended them to several people and would recommend again

Things in the legal system take a really long time so it’s easy to get frustrated and want to give up, but if you have the right people behind you then you know something good will come with time and patience. Mr. Kelly and Ms. Singh are those people.

Client I.B.

2016-08-18T12:23:57+00:00

Client I.B.

Things in the legal system take a really long time so it’s easy to get frustrated and want to give up, but if you have the right people behind you then you know something good will come with time and patience. Mr. Kelly and Ms. Singh are those people.

Mr. Kelly gives me the right guidance when there is a dilemma, things feel simple and I feel like I’ve been counselled well.

Client E.Q.

2016-08-18T12:25:15+00:00

Client E.Q.

Mr. Kelly gives me the right guidance when there is a dilemma, things feel simple and I feel like I’ve been counselled well.

There was no beating around the bush, every time we met, they went right to it, and they followed through on everything they said they would do.

Client F.C.

2016-08-18T12:27:37+00:00

Client F.C.

There was no beating around the bush, every time we met, they went right to it, and they followed through on everything they said they would do.

I’ve been impressed with how Mr. Kelly has handled all of my cases. I feel like everything that could have been done was done and done right.

Client L.M.

2016-08-18T12:28:50+00:00

Client L.M.

I’ve been impressed with how Mr. Kelly has handled all of my cases. I feel like everything that could have been done was done and done right.

I feel like Mr. Kelly and Ms. Singh are always accessible and that they are willing to answer all of my questions. They put us so at ease, the moment we shook hands, we felt so comfortable.

Client I.B.

2016-08-18T12:31:38+00:00

Client I.B.

I feel like Mr. Kelly and Ms. Singh are always accessible and that they are willing to answer all of my questions. They put us so at ease, the moment we shook hands, we felt so comfortable.

Kelly + Singh helped me negotiate two settlements that I was very happy with, they handled all the paperwork so I could get back to living my life.

Client E.Q.

2016-08-18T12:33:06+00:00

Client E.Q.

Kelly + Singh helped me negotiate two settlements that I was very happy with, they handled all the paperwork so I could get back to living my life.

They’ve helped me learn and understand how the legal system works, if something else happens to me, I’ll know how to move forward.

Client L.M.

2016-08-18T12:34:57+00:00

Client L.M.

They’ve helped me learn and understand how the legal system works, if something else happens to me, I’ll know how to move forward.

They don’t belittle me, they talk to me like a normal person and didn’t speak in a language that went over my head, they made things easy to understand.

Client F.C.

2016-08-18T12:36:11+00:00

Client F.C.

They don’t belittle me, they talk to me like a normal person and didn’t speak in a language that went over my head, they made things easy to understand.

Michael Kelly, as my lawyer was a complete professional in all aspects of my claim. He informed me on the process and always interacted with me in a timely manner. Mr. Kelly's knowledge, confidence and presentations were paramount; I highly recommend Mr. Kelly; a lawyer you can count on.

Client W.C.

2017-05-17T01:16:12+00:00

Client W.C.

Michael Kelly, as my lawyer was a complete professional in all aspects of my claim. He informed me on the process and always interacted with me in a timely manner. Mr. Kelly's knowledge, confidence and presentations were paramount; I highly recommend Mr. Kelly; a lawyer you can count on.

I enjoyed the fact that my case mattered. I felt that my case was always being diligently worked on in a professional manner and until I received fair compensation. Mr. Kelly had a comprehensive plan for every aspect.

Client J.G.

2016-08-18T12:37:28+00:00

Client J.G.

I enjoyed the fact that my case mattered. I felt that my case was always being diligently worked on in a professional manner and until I received fair compensation. Mr. Kelly had a comprehensive plan for every aspect.

Kelly + Singh Lawyers LLP represented me relating to a workplace injury. My lawyer Mr. Kelly proved his worth going up against both WSIAT and an insurance company. Mr. Kelly, through his knowledge and experience, proved to me in a disputed workplace injury, you need to hire a lawyer and it is paramount to have the right lawyer to represent you. I highly recommend Mr. Kelly, a lawyer you can trust that will exercise every option for a successful outcome.

Client W.C.

2017-05-17T01:17:31+00:00

Client W.C.

Kelly + Singh Lawyers LLP represented me relating to a workplace injury. My lawyer Mr. Kelly proved his worth going up against both WSIAT and an insurance company. Mr. Kelly, through his knowledge and experience, proved to me in a disputed workplace injury, you need to hire a lawyer and it is paramount to have the right lawyer to represent you. I highly recommend Mr. Kelly, a lawyer you can trust that will exercise every option for a successful outcome.

Do you need help with employment related issues? We can help.

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FAQ - Employment Law

I’ve been fired from my job, what do I do?

Being fired from your job can be emotionally stressful. It is important to contact a lawyer to find out your legal rights.  If you are presented with a “severance offer” package, a lawyer can help you understand if it is reasonable, or whether there are any other remedies available.  An employer should give you time to do this.  If you are fired for “cause”, talk to a lawyer to find out if the reasons given do amount to cause or not, and what your remedies might be.

At Kelly + Singh we can guide you through any termination process in an informed way to help you move forward.

When can an employer fire an employee for cause?

Often times when an employee is fired under contentious circumstances, an employer may fire the employee “with cause”. This usually means that the employer can avoid having to provide severance or termination pay because of conduct which in their view was cause for the dismissal. However, the courts require the conduct to be fairly serious to find cause for the dismissal. By example, dishonesty and theft are almost always justification for a dismissal of an employee with cause. Whether or not there is justification to terminate an employee for cause is a legal question and a lawyer can advise whether the employer’s reasons would likely justify a dismissal on this basis.

Whether you are considering firing an employee for cause, or if you’ve been dismissed with cause, talk to us to ensure your legal position is protected.

What is “wrongful dismissal”?

Most employees can be dismissed at any time as long as the employer provides reasonable notice that the job is coming to an end, or provides pay in lieu of what would be a reasonable notice period (which depends on a number of factors including, age, experience and length of service, among other considerations). A dismissal is “wrongful” when the employer fails to provide proper notice, or alleges “cause” when there is no legal basis for such an allegation. If you are an employer considering letting go of an employee or if you are an employee who has just been given a dismissal notice, we can ensure that you understand your rights and help you take the necessary steps to protect them.

If an employee is wrongfully dismissed, is the employer obligated to hire them back?

Generally speaking, a court will not order the employer to rehire the employee. There are a few exceptions to this such as union members, individuals who work for federally regulated industries under the Canada Labour Code, or if the employer is found to have violated Human Rights Legislation and the tribunal orders that they rehire the employee as a result. This is because, generally employment relationships are viewed as mutually voluntary contractual relationships in the eyes of the courts that either the employer or employee can bring to an end with appropriate notice.

What is constructive dismissal?

Because employment relationships are a form of contract, substantial changes to the relationship such as a significant demotion or pay cut can be seen by the courts to be equivalent to dismissal without cause or notice.  An employee may have the right to reject the changes in their employment by quitting and suing the employer for wrongful dismissal. However, it is very unpredictable as to when a court will find such changes amount to constructive dismissal, so it can be risky to just quit and hope to recover notice pay later.

Whether you are an employer making changes at the office or an employee who`s situation has changed at work, talk to us to find out whether and how any of those changes might impact on you legally.

Why do I need a lawyer?

Unfortunately employment relationships are governed not only by the contract of employment, but by the way these contracts and any relevant legislation such as the Human Rights Code are interpreted by the courts. For this reason it is helpful to obtain the advice of a lawyer who is aware of the law in this area to ensure that you are taking all the right steps to protect yourself.

At Kelly + Singh we provide an initial consultation free of charge.

How much does it cost?

While it is difficult to predict the exact cost as it depends on many variables, our goal is to obtain the best result for you in a cost efficient manner.

Why should I choose your firm?

Whether you are an employer who needs assistance with developing your employment policies, contracts and procedures, or considering dismissing an employee, or you are an employee dealing with workplace issues, or have been terminated with severance or with cause, we can provide you with the knowledge and strategy you need to ensure that you are making the right decisions.

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