Employment is something that impacts almost everyone, whether as an employee or an employer. Usually, the workplace relationships we are involved in go smoothly enough, but every once in a while, there are issues which can lead people to question if it might be worthwhile to talk to a lawyer before they make a decision.
The reality is that employment law is a complex area of law composed of legislation, the common law, and contractual elements that lead to an ever-evolving landscape that can be difficult for even the savviest person to navigate without proper guidance.
The reality is that, for employers and employees, it can often be well worth spending a little time and money to get legal advice before signing a document, or before a problem becomes a bigger one.
The Benefits of Talking to a Lawyer for Employees
Most employees are happy enough to have a job that they are willing to sign any contract given to them or accept any severance payment offered. The reality is that often employees have more leverage than they understand and talking with a lawyer can help them gain insight into this.
One of the most important times for an employee to talk to a lawyer is at the beginning of the employment relationship, before signing an employment contract. These contracts often act to reduce an employee’s entitlement and rights, and even if you agree to sign one, you should have a clear understanding of what you are agreeing to and what rights you are surrendering.
When dealing with issues surrounding discrimination and harassment, it can also be extremely beneficial for employees to talk to a lawyer, in order to understand the framework in which a potential claim might exist, and what such a claim might look like.
Another time it makes sense for employees to talk to an employment lawyer is at the end of their workplace engagement. If your position has been terminated, or you are thinking of leaving your job, taking time to talk with a lawyer about your entitlements and how disengagement might look can be extremely beneficial to employees. This is especially so when a severance package has been offered as a lawyer can often bring their expertise to bear to ensure employees get more than what is initially offered.
The Benefits of Talking to a Lawyer for Employers
The benefits of talking to a lawyer for employers may seem more obvious than for an employee. Employers need to make sure they are compliant with the Employment Standards Act [RSBC 1996] CHAPTER 113, that their contracts are up to date and that workplace policies address current standards for privacy and human rights considerations. It is understandable that an employer would want to engage with a legal professional to help them navigate these complex areas and ensure that the workplace policies and practices are compliant with best practices. However, there are times when many employers could save themselves headaches and legal bills down the road by talking to a lawyer.
Litigation avoidance is an area where the lawyers at Taylor & Blair LLP often counsel employers. When an employer becomes aware that they are dealing with a fact pattern that could give rise to an allegation of wrongful dismissal, constructive dismissal, discrimination, workplace harassment, or if they need to consider how to approach an employee termination or disciplinary process, taking some time to have a quick chat with a lawyer to make sure it is handled in the appropriate way can end up saving much larger legal bills down the road.
Experienced Employment Lawyers
In the complex realm of employment law, the importance of seeking legal advice cannot be overstated for both employers and employees. For employers, talking to a lawyer can help mitigate risks, ensure legislative compliance, and encourage a fair workplace environment. For employees, legal advice provides clarity of what they’re signing, protection during their time of employment, and support in navigating their rights and responsibilities during the disengagement from employment.
Our experienced employment lawyers can assist both employers and employees with their employment law matters and provide guidance on how best to move forward. Contact the offices of Taylor & Blair LLP today to schedule your consultation.