Employment Law and how Hart Law can help you.
Employment law focuses on the legal rights and obligations between individual employees and employers, addressing issues like employment contracts, wrongful dismissal, and workplace discrimination. It covers a wide range of concerns, from negotiating terms of employment to ensuring compliance with labor standards and workplace safety regulations.
At Hart Law, we provide tailored legal services to both employees and employers, offering expert guidance through employment disputes, ensuring fair treatment and adherence to the law.
Frequently Asked Questions
Employment Contracts and Agreements Questions
Employment contracts and agreements in Canada outline the terms and conditions of employment, including job duties, compensation, benefits, and termination clauses, and must comply with federal or provincial labor standards to ensure fairness and legality.
What should be included in my employment contract?
Key elements like job duties, compensation, benefits, termination clauses, and confidentiality agreements should be clearly outlined in the contract.
Can an employer change my employment contract without my consent?
Employers can only make changes to the contract with the employee’s agreement, and failure to do so could lead to a claim for constructive dismissal.
What are my rights if I am on a fixed-term contract?
Fixed-term contracts typically specify an end date, but employers cannot terminate the contract before the end date without proper cause or notice.
Termination and Dismissal Questions
Under Canadian law, termination and dismissal must adhere to legal requirements, where employees are entitled to notice or severance pay unless terminated for just cause, and wrongful dismissal can lead to legal claims for compensation.
What is wrongful dismissal, and what can I do about it?
Wrongful dismissal occurs when an employee is terminated without just cause or without the proper notice or severance pay; employees can pursue legal action for compensation.
How much notice or severance pay am I entitled to if I’m terminated?
The amount of notice or severance pay depends on the terms of the employment contract and the length of employment, typically governed by employment standards legislation.
Can I be fired without a reason?
Yes, employees can be fired without cause in most cases, but they are entitled to reasonable notice or severance pay unless they are fired for just cause.
Employee Rights and Workplace Standards Questions
Under Canadian law, employee rights and workplace standards ensure fair treatment, including protections against discrimination, entitlement to overtime pay, and the right to a safe and healthy work environment.
Am I entitled to overtime pay?
Yes, employees are generally entitled to overtime pay for hours worked beyond the standard workweek, usually over 40–48 hours, depending on provincial laws.
What rights do I have as a part-time or temporary employee?
Part-time and temporary employees have many of the same rights as full-time employees, including protection from discrimination, wage entitlements, and workplace safety.
What rights do What do I do if I believe my employer is violating my rights? have as a part-time or temporary employee?
Employees can report violations to employment standards authorities, file complaints with labor boards or human rights commissions, or seek legal advice.
Workplace Discrimination and Harassment Questions
Under Canadian law, workplace discrimination and harassment based on protected characteristics such as race, gender, and disability are prohibited, and employees have the right to file complaints and seek legal remedies if these rights are violated.
What should I do if I experience discrimination or harassment at work?
Employees should document incidents, report the harassment or discrimination to HR or management, and, if necessary, file a formal complaint with the relevant human rights body.
Can my employer fire me for filing a harassment or discrimination complaint?
No, retaliation against employees for making complaints is illegal under employment law, and employees can pursue legal remedies if retaliation occurs.
Leaves and Benefits Questions
Canadian law ensures employees are entitled to various types of leave, including maternity, parental, sick, and vacation leave, with specific benefits and entitlements governed by federal or provincial employment standards.
What types of leave am I entitled to as an employee?
Employees are entitled to various types of leave, including maternity, parental, sick, and vacation leave, with specific entitlements varying by province and employment contract.
Am I entitled to paid sick leave?
Some provinces require paid sick leave, but many employers provide unpaid sick leave, depending on the employment agreement and provincial law.
Employment Standards and Protections Questions
Employment standards and protections under Canadian law guarantee employees’ rights to fair wages, working hours, overtime pay, workplace safety, and protection from unfair treatment or dismissal, with standards varying by province or territory.
What are the minimum wage laws in Canada?
Minimum wage laws vary by province, with each jurisdiction setting its own hourly wage standards that employers must follow.
What protections exist for employees with disabilities?
Employees with disabilities are entitled to accommodations under employment law, such as adjusted duties or working conditions, unless doing so causes undue hardship for the employer.
