Employment

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We advise on severance packages, whether they are mandated by statute law (as is the case in mass terminations), common law or are included in an employment contract.

We structure “mass” terminations and downsizings in all sectors — Economic and business conditions can oblige an employer to terminate a significant number of jobs in a short period of time. Ontario workplace law provides a number of protections for employees in such instances. The extent of these protections varies with an employee’s seniority and the number of employees involved. Blaneys workplace lawyers structure termination arrangements for each individual worker that comply with the law and include any additional measures that may be negotiated or that an employer may choose to add.

Ontario workplace law requires employers to establish written policies on many areas including violence in the workplace, human rights (including protections from, and penalties for, discrimination and harassment), privacy and occupational health and safety. We help employers develop, maintain and apply these policies. Blaneys’ workplace lawyers also help clients draft policies on other key concerns such as pregnancy and parental leave, leaves of absence, promotions, discipline, termination of employment, protection of proprietary and confidential information as well as cell phone and computer use.

We advise on and draft employment contracts and consulting agreements, for both employers and employees.

We defend claims against employers under Employment Practices Liability insurance policies.

We prosecute and defend constructive dismissal actions in which an employee alleges that a significant change in the terms of employment has led to a termination of the employment relationship.

We prosecute and defend actions for breach of fiduciary obligations, where one party who acts for another in a position of responsibility and trust is accused of failing in his or her obligations to serve the ‘principal’s’ interest.

We handle cases involving allegations of employee fraud including investigations, terminations and any court actions that may result.

We provide employers and employees with representation at all levels of court including the Superior Court of Justice, Divisional Court, Court of Appeal and the Supreme Court of Canada.