Wrongful Dismissal
In the province of Quebec there are several instances which may constitute wrongful dismissal/termination without cause.
- A permanent layoff for economic reasons: The burden is on the employer to prove that the layoff respects the law and jurisprudence.
- Constructive Dismissal: If the employee has his salary, job responsibilities or functions substantially altered this may be deemed termination without cause by the appropriate Court or administrative tribunal.
- Forcing the employee to quit due to harassing behavior or providing an unsecure work environment etc.
Employees
We have experience representing executives and employees whom have been dismissed without cause.
The first step before signing any documents put forth by your former employer including a settlement package is to consult a lawyer to determine if you have a recourse.
We will evaluate your particular situation and determine the best course of action given the specific facts of your case.
This may include countering any settlement offer received or undertaking litigation if a satisfactory settlement cannot be achieved.
CASE STUDIES
- Our client had been fired without notice by his employer via a simple phone call. At the time of his dismissal he was a high ranking executive with two years of uninterrupted service. His employer offered him only two weeks of severance which was unacceptable given his position, age and experience in the milieu. We successfully negotiated a settlement for more than two months’ severance.
- Our client worked as a general laborer for nearly forty years in the same warehouse. The employer decided to reduce his salary and take away his supervisory responsibilities. This is a clear example of constructive dismissal. In this instance we drafted a letter of demand and negotiated a generous out of court settlement. The client was satisfied as before we intervened the employer had offered no severance and was pressuring him to accept an inferior post.
- We launched a complaint on behalf of an employee against a large Quebec corporation, where the employee was being harassed by his supervisor. In this case the supervisor was disciplined and eventually transferred to another warehouse. This was a great relief to the employee who could continue in his daily functions without hindrance.
Employers
We also have experience representing employers with employment issues and disputes, including the enforcement of non-compete and non-solicitation clauses.
We are often called to advise employers on the adequate manner to terminate, lay off or appropriately discipline employees.
In addition, we have handled litigation against the Normes du Travail and have handled complaints launched against employers.
We can aid your business in crafting the best strategy to deal with employment issues in order to avoid legal action or find the best solution if legal action has been commenced.
Review and Draft Employment Agreements
For employees it is imperative to have their employment agreement reviewed by an attorney prior to signing.
This will ensure that there are no improper clauses contrary to Quebec civil law in the said agreement.
Furthermore today, many employment contracts contain non-compete and non-solicitation provisions which should be negotiated before signing. These type of clauses can restrict the movement of an employee and leave them liable for damages.
We have represented executives and various professionals (doctors, dentists, engineers) in the evaluation of their employment agreements.
For employers of all proportions we can assist you in drafting the appropriate employment agreements, policies and contracts in order to safeguard your businesses interests and reach your particular goals.
As a business owner it is essential to have an established relationship with legal counsel for when labour issues arise in the workplace.
Areas of Practice
Contact Us
Feel free to contact us in order to determine how we can assist you with your labour law needs.
- 8000 Boulevard Decarie, Suite 430, Montreal, Quebec, H4P 2S4
- (514) 538-6966
- info@eidelmannlaw.com