It's okay to have conflicts in the workplace, but that should not interfere with the everyday running of a business. Unfortunately, disputes can result in strained relationships between employees, employers, colleagues, and other stakeholders.
A Toronto labour lawyer can help conflicting parties work together to resolve all manner of issues, from wrongful termination and workplace safety to discrimination and more. But when should you seek help?
An employment attorney can help employers and employees work together to resolve in the event of a problem. If your employer-employee relationship becomes strained because of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.
What Is an Employment Attorney?
Employment attorneys help employees and employers understand their obligations, rights, and duties. There are two types of labour attorneys. The first category is the employment or labour lawyers who focus on plaintiffs or employees, also known as employment discrimination lawyers, employment rights lawyers, or federal employment.
The second category of employment lawyers focuses on defendants or employers, also called management attorneys. Although most employment attorneys focus on one side or the other, some can handle clients or cases from either side.
What Do Labour Attorneys Do?
Employment attorneys or lawyers deal with all legal aspects of employment, including:
- Discrimination;
- Wage and hour issues;
- Health and safety issues;
- Wrongful termination, and more.
Plaintiff labour lawyers help employees understand or learn their rights to help them detect and raise concerns in the event of a violation. A good labour attorney should make sure all internal remedies for conflict resolution have been exhausted. Internal remedies for conflict resolution can include reporting harassment or discrimination per the workers' handbook protocols.
How Can Employees Protect Themselves?
Victims of workplace discrimination should have concrete evidence to sustain a claim against their employers or perpetrators. It would help if you recorded all incidents, including the dates and times. All that information will come in handy if your attorney decides to pursue legal action.
How Can Employers Protect Themselves?
All employers or businesses should have an employee handbook, which specifies the policies and rules for equal opportunity employment. In other words, employee handbooks explain how grievances or complaints in the workplace can be filed or registered. Once a complaint is filed, employers are expected to investigate and determine whether there was unlawful conduct.
What About Freelancers or Independent Contractors?
Freelancers are also known as independent contractors, and they're not employees, meaning they have minimal rights. In most cases, freelancers are protected by the terms of the contracts they negotiate with businesses that hire them.
As a freelancer, you should carefully review the terms of your contract to ensure you're legally protected in the event of a conflict.
A labour lawyer can help you do the due diligence and advise you on further action.
How to Find a Reliable Labour Lawyer
Finding a reliable lawyer can be overwhelming if you don't know the qualities to look for. Before hiring a lawyer, remember to find a legal expert for your legal issue. Simply put, you should only hire an employment lawyer to help you resolve a labour dispute. But how can you find a perfect match?
- Tap Your Network
Seek recommendations by consulting your family, friends, colleagues, and acquaintances. They might have worked with a good labour attorney; you never know. Personal references can sometimes be very reliable.
A lawyer friend you know and trust can also advise you here, even if they specialise in a different area of law; they can recommend reliable and experienced colleagues to handle your case.
- Research before Hiring
Good lawyers or law firms have websites. You can know the reputation of a prospective lawyer through prior clients' reviews. Also, legal databases can provide crucial information about a lawyer, such as a specialty, location, disciplinary records, and previous client reviews. The local bar association’s attorney directory can provide all the necessary information.
Questions to Ask a Prospective Lawyer
It's time to schedule a free legal consultation after selecting the prospective candidates. A legal consultation helps prospective clients and attorneys determine if they can form a working relationship. Here’s a list of questions to ask during the consultation:
- How much does a case review cost?
- What's your specialty?
- Are you experienced in cases like mine?
- What are your success rate and record?
- What's your disciplinary record?
- What are your charges, and what does it cater for?
- What is your preferred mode of payment; lump sum, installments
- Are your charges negotiable?
- Do you have the time to handle my case?
Victims of employment conflicts should know the best time to seek justice. To be on the safe side, employees should learn and understand their employment rights.
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