Have you ever encountered a dispute with an employee that you felt unprepared to handle? While this may feel like a daunting task, be assured that you are certainly not alone, as business owners in Toronto are routinely faced with complex legal issues that require the assistance of an experienced employment lawyer.

It is pivotal to be proactive in retaining an employment lawyer to assist with disputes. This should not be done only as a precaution. Rather, retaining an employment lawyer is a necessary strategic move that allows a business to save time, money, and stress in the long run.

This blog highlights several reasons why it is imperative for every business owner in Toronto to consider retaining an employment lawyer before issues arise.

Expertise

Employment law is a multifaceted area of law. Although the average business owner generally associates employment law with the hiring and firing of employees, this area of law encompasses many other aspects including workplace safety and employee rights. Employment lawyers not only specialize in these complex areas of law but remain up to date with the latest legal developments that impact the industry. This expertise allows employment lawyers to provide business owners with valuable advice tailored to the specific needs of their business.

On a general level, employment lawyers assist businesses in ensuring that compliance is achieved with both federal and provincial employment laws, such as those outlined in the Ontario Employment Standards Act (“ESA”) and the Occupational Health and Safety Act (“OHSA”). Employment lawyers specifically specialize in drafting employment contracts and workplace policies that protect the interest of both the business and its employees.

If your employment contracts and/or workplace policies have not been recently reviewed by an employment lawyer, we recommend booking a consultation with one of our experienced lawyers so that you can ensure that they do not run afoul of any recent industry changes.

Risk Mitigation

A significant benefit of retaining an employment lawyer is that employment lawyers specialize in risk mitigation. Employment disputes often arise unexpectedly. When these disputes arise, they can, and often do, lead to costly litigation and reputational damage if improperly managed. An employment lawyer can provide value to your business by identifying and diffusing potential legal risks before they escalate into serious disputes.

An employment lawyer will focus on implementing preventative measures by reviewing employment policies and practices and pinpointing areas of vulnerability that may exist.

Effective Dispute Resolution

Unfortunately for business owners, disputes will always arise in the workplace, whether said disputes arise from contract disagreements, harassment claims, or wrongful terminations. Employment lawyers possess a variety of skills, including negotiation, that allow business owners to effectively navigate disputes as they arise. By implementing their negotiation skills, employment lawyers can represent the interests of a business by engaging in discussions with employees with clarity and purpose and achieve resolutions which avoid disruption to the business.

In instances where a dispute leads to the commencement of formal litigation, an experienced employment lawyer will represent throughout the process and ensure that the rights of the business are protected throughout the entirety of the litigation.

 

Employee Rights Education

Business owners have various obligations under the ESA. Despite having various obligations, many business owners are generally unaware of them. Employment lawyers are extremely effective at educating business owners about employee rights and how same can be successfully upheld within a business.

Ensuring that business owners have knowledge of employee rights is pivotal in fostering a fair and positive workplace environment. Further, this ensures that legal pitfalls will be avoided altogether. A clear example of this can be seen from the nuances of severance packages or workplace accommodations for individuals with disabilities. As business owners are generally occupied with ensuring that the efficiency of business operations are upheld, when disputes arise over severance packages or workplace accommodations, business owners are sometimes unequipped to handle same. As such, understanding the nuances of these areas of employment law is pivotal for business owners to prevent misunderstandings and disputes altogether.

Tailored Legal Documents

Legal documents are pivotal to the success of any business, as they govern the relationship between an employee and their employer. Employment lawyers specialize in drafting and reviewing key documents such as employment contracts, non-disclosure agreements, and severance packages that comply with applicable legislation. A well-crafted legal document is crucial in protecting the interest of the business and clarifying the expectations that a business has for its employees. A well-crafted legal document provides clarity to both business owners and employees, and as such, aids in preventing disputes related to contract interpretation and enforcement.

 

Navigating Terminations

Terminating an employee represents one of the most sensitive aspects of business management. It is important to retain an employment lawyer so that you understand and can be guided through this process so that your business ensures the process is handled legally and ethically. Employment lawyers specialize in navigating the complexities of continuously evolving termination laws. As such, employment lawyers are effective in helping avoid wrongful dismissal claims which can severely harm the reputation of a business by providing guidance on the proper documentation and communication strategies required during the termination process.

Support During Audits or Investigations

Certain businesses are subject to government audits or internal investigations. These processes can lead to added stress to business owners who are focused on the success of business operations. Employment lawyers can provide critical support to businesses during these processes to ease the burden and ensure that the rights of the business are protected throughout these processes.

Fostering a Positive Work Environment

The success of a business is dependent on the success of its employees. Business owners are encouraged to foster positive work environments to ensure the smooth operation and success of the business. By implementing fair practices in its business operations, a business can successfully foster trust and boost morale among employees, thus resulting in increased efficiency and output. This will have a profound impact in both the short and long term, as positive work environments directly lead to employee retention, which not only enhances productivity but assists in obtaining and retaining top industry talent. Employees, after all, are human beings. As such, they are more likely to remain at companies that respect their rights and provide fair treatment.

Conclusion

Retaining an employment lawyer should not only be a responsive measure from a business but also be done as a preventative and proactive measure to ensure that problems are addressed well before they arise. This will, in turn, create a solid foundation of employees, which will directly increase the success of a business.

While investing in legal counsel may seem like an additional expense to business owners, the long-term benefits are significant, as such expenses will be significantly outweighed by the costs associated with potential litigation. Every business owner must be aware that employment lawyers are pivotal to the growth and success of any business in today’s dynamic Toronto landscape. If you are interested in retaining an employment lawyer to assist with your business needs, contact us today to get one of our experienced employment lawyers on your side!