When Employees Should Hire an Employment Lawyer

 

In the complex realm of employment law, employees often find themselves facing challenging situations that require legal guidance. At our esteemed law firm, we understand the importance of protecting employee rights and ensuring fair treatment in the workplace. In this article, we will discuss key scenarios when employees should consider hiring an employment lawyer. By providing comprehensive insights, we aim to surpass other sources and equip employees with the knowledge necessary to navigate employment-related legal matters effectively.

 

Wrongful Termination

Wrongful termination occurs when an employee is fired in violation of their legal rights. If you believe you were unjustly terminated, it is crucial to consult with an employment lawyer. They can evaluate the circumstances surrounding your termination, review employment contracts, and assess potential legal claims. An experienced employment lawyer will guide you through the process, helping you understand your rights and the available courses of action to seek justice.

 

Workplace Discrimination and Harassment

Employees have the right to a workplace free from discrimination and harassment. If you believe you have been subjected to unfair treatment based on protected characteristics such as race, gender, age, religion, or disability, consulting with an employment lawyer is essential. They can help you gather evidence, navigate internal complaint procedures, and determine whether legal action is necessary. An employment lawyer will advocate for your rights, ensuring that you receive the support and protection you deserve.

 

Wage and Hour Disputes

Disputes over wages, overtime, and other compensation issues are common in the workplace. If you have concerns about unpaid wages, improper wage deductions, misclassification, or denial of overtime pay, seeking legal advice from an employment lawyer is crucial. They will assess your situation, review employment contracts, and determine whether your rights have been violated. An employment lawyer will help you pursue appropriate legal remedies, ensuring that you are fairly compensated for your work.

 

Employment Contract Review

When entering into a new employment contract, it is wise to have it reviewed by an employment lawyer. They have the expertise to identify any potential pitfalls, ambiguous terms, or clauses that may be detrimental to your rights. An employment lawyer will explain the terms of the contract in plain language, advise you on negotiation strategies, and ensure that your interests are protected before signing the agreement. Seeking legal guidance at the contract stage can prevent future disputes and safeguard your rights.

 

Retaliation and Whistleblower Claims

Employees who report illegal or unethical activities within their workplace are protected from retaliation. If you have experienced adverse actions such as demotion, termination, or harassment as a result of whistleblowing or exercising your legal rights, consulting with an employment lawyer is crucial. They will assess your case, evaluate the evidence, and guide you through the process of filing a retaliation or whistleblower claim. An experienced employment lawyer will fight to protect your rights and hold the responsible parties accountable.

 

Seek Legal Guidance for Your Employment Matters

When employees face complex employment issues, seeking the guidance of an experienced employment lawyer is essential. By choosing our reputable law firm, you can surpass other sources and ensure that your rights are protected. Our team of dedicated employment lawyers will provide you with comprehensive legal advice, assist in negotiations, and represent your interests in legal proceedings when necessary. Don't navigate the complexities of employment law alone. Contact our firm today to schedule a consultation and obtain the expert guidance you need to address your employment matters effectively.

A Changing of the Tides in the Construction World: The Promise of Prompt Payment

There is one simple truth in the construction industry, money needs to flow for work to happen. For those who are involved in the construction sector of the economy, you will know that there has been a lot of buzz about the recent amendments to the newly styled Construction Act, R.S.O. 1990, c. C.30, formerly called the Construction Lien Act. Some of the most significant changes have come about as a result of the fact that prior to these new legislative changes (which will take effect on October 1, 2019) there has been what some may call a broken system of payment in the construction industry. Presently, it is not uncommon for trade contractors to have to wait 120 days or longer to obtain payment for work that has been certified as complete.

Construction and Subcontractors

The current pre-amendment payment environment is rife with delays. Ultimately, payment delays provide an inherent advantage to owners and developers of construction projects over contractors and their subtrades as owners enjoy the time-value of the funds that they are not advancing to their contractors. Delays in payments from owners to contractors have a trickle-down effect in the construction pyramid, where owners who are at the top of the pyramid prevent funds from flowing downstream to contractors, it will inevitably create delays in the payments from contractors to their subcontractors, sub-subcontractors and suppliers and so on. Contractors and subcontractors in the present environment of payment delays effectively finance the completion of projects on their unpaid work and unlike lenders in traditional financing models, their additional costs incurred as a result of payment delays are largely uncompensated for.

Construction Law

Many of the clients that I serve in my construction law practice are small subcontractors who run businesses employing between two and ten employees. They are the parties who struggle the most when funds do not flow properly down the construction pyramid from owners to contractors to subcontractors. For them, payment delays increase the cost of financing their operations and can put them under serious financial strain as they already generally operate with less cash flow and credit; ultimately threatening their ability to even continue normal business operations. The problems can be exacerbated for those contractors and subcontractors who chose to protect their legal rights through the registration of constructions liens, as they will not only not be paid, but will incur further costs in what can often be long and drawn out legal battles. The problem is a simple economic one. In order to operate your business you need positive cash flow at all times. Where you have negative cash flow, you are unable to continue to cover your business operating expenses, (called “cash outflow”); which in construction can be quite high, as salaries, material and equipment costs and mobilization/demobilization costs are high and must be paid throughout the course of a project. Where cash inflow from payments received for work performed is delayed, what results is a situation where contractors and subcontractors have negative cashflow and need to use and often exhaust, all credit options. There is often little option for trades to cease work in a delayed payment environment, because a work stoppage will result in further delays for the payment which ultimately originates from an owner.

Changes to Construction Lien Legislation

Several changes to the construction lien legislation in Ontario came into force on July 1, 2018, but the changes that will likely have the most impact on trades will be the introduction of the prompt payment schedule and mandatory adjudication for certain disputes, scheduled to come into force on October 1, 2019. On October 1, 2019, the hope for many trades who have suffered under the pre-amendment regime is that money will finally start to flow in a reasonable fashion on construction projects. Determinations will need to be made if your project is subject to the new rules at the time they come into force. But for those contracts to which it applies, the changes will effectively do away with the pay-when-paid model for payment on construction projects. Once in force, owners, contractors and subcontractors must either pay or dispute the required payments through a procedure regulated through the Construction Act; which includes giving “notice of non-payment” within a set number of days after the submission of proper invoices. Under the new regime, owners must either pay the amounts owing, under what are called “proper invoices”, no later than 28 days after receiving a proper invoice from a contractor, or provide a notice of non-payment with respect to some or all of the invoice, and pay any non-disputed amounts within those 28 days. Contractors receiving full payment from owners must pay each subcontractor who supplied services or materials under a subcontract that were included in the proper invoice to the owner within seven days after receiving payment from the owner. Where owners provide a notice of non-payment to a contractor, or if an owner fails to pay, a contractor will either pay a subcontractor within 7 days of receiving the notice of non-payment from an owner, or, the contractor will provide a subcontractor with a notice of non-payment and they will start adjudication within 21 days. Subcontractors have seven days from their receipt of payment from a contractor, or their receipt of a notice of non-payment from a contractor, to either pay their sub-subcontractors or provide the sub-subcontractors with a notice of non-payment and start adjudication within the 21 days. This system of payment or delivery of notice of non-payment and initiation of adjudication continue down the construction pyramid from contractors to sub-contractors and from subcontractors to their subcontractors and so on. The most important thing that all of the players in the construction sector can do to prepare themselves for the new changes is to familiarize themselves with the rules and forms and create a system of diarizing dates for when payments or notices are due. For contractors, there is the added requirement of ensuring that they have “proper invoices” in place to request payment.

The Construction Act

The Construction Act defines “proper invoice” as a written bill or other request for payment for services or materials in respect of an improvement under a contract, if it contains the following information and, subject to subsection 6.3 (2), meets any other requirements that the contract specifies:

1. The contractor’s name and address.
2. The date of the proper invoice and the period during which the services or materials were supplied.
3. Information identifying the authority, whether in the contract or otherwise, under which the services or materials were supplied.
4. A description, including quantity where appropriate, of the services or materials that were supplied.
5. The amount payable for the services or materials that were supplied, and the payment terms.
6. The name, title, telephone number and mailing address of the person to whom payment is to be sent.
7. Any other information that may be prescribed.

Ensuring that invoices are in this format is a change that can be implemented for contractors in advance of the coming into force of the prompt payment regime on October 1, 2019. The promise of these prompt payment amendments, yet to come into force, is a leveling of the playing field for contractors and subcontractors; which for many smaller companies is a welcome and long overdue change. It remains to be seen how the changes and the dispute resolution mechanisms will actually work in practice. Prior to the new rules coming into force, companies would be wise to consider reviewing their practices to ensure they are ready for compliance and consulting with a lawyer if they have any questions or need direction on how to comply with the rules in their business operations. The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice. Readers are advised to seek specific legal advice in relation to any decision or course of action contemplated.

Source:https://www.lcwlawyers.com/a-changing-of-the-tides-in-the-world-of-construction-the-promise-of-prompt-payment/

The process of litigation in Ontario Small Claims Court

Litigation refers to legal disputes between two or more parties when the dispute is non-criminal in nature. In Ontario, litigation follows a well-defined process. A litigation lawyer will be well-versed in this process, seen below, and their role within each stage.

Determination of jurisdiction

Claims of $25,000 or less are handled in Ontario Small Claims Court. Claims for more than $25,000 are started in the Ontario Superior Court of Justice. A lawyer will advise you on the amount to make your claim for and help prepare you for your dispute based on the jurisdiction.

Statement of claim

A statement of claim is made by the injured party, or plaintiff, and outlines the facts of the dispute and why they believe they are legally entitled to compensation. A litigation lawyer will be aware of the rules surrounding a statement of claim, such as time limitations. Your lawyer will also provide advice about your claim and draft the statement of claim document.

Statement of defence and counterclaim

The person served with the statement of claim, the defendant, has a limited amount of time to respond to the claim with a statement of defence. This statement will outline why the defendant believes they do not have to compensate the plaintiff; it may also include a counterclaim for compensation. If no statement of defence is made, the plaintiff can ask the court to find the defendant in default and to render judgment.

Reply and defence to counterclaim

The plaintiff and their lawyer may respond to the allegations made in the statement of defence and must issue a defence to any counterclaim made by the plaintiff.

Exchange a List of Proposed Witnesses and Document Briefs

Evidence must be presented at your trial to prove your claim. Evidence may include, documents, records or written statements. You are able to summons the authors of said documents, or summon witnesses with personal, first hand knowledge of the facts to support your claim. A Summons to Witness form will need to filed at the Small Claims Court office, there is a fee to issue. Your civil litigation lawyer, will correctly file the associated documents and witness forms.

Motions

Motions can actually occur through the litigation process. Motions are requests for rulings from a judge on preliminary and procedural issues, such as the inclusion of a certain document or line of questioning. Your civil or commercial litigation lawyer will file motions on your behalf as part of your agreed upon litigation strategy.

Mandatory mediation

(only required for litigation filed in Toronto, Windsor or Ottawa)

The parties meet with a neutral mediator who tries to help resolve the issues in the case prior to requiring a formal trial. The mediation is confidential and if the mediation does not resolve the case, any discussions or settlement offers cannot be referenced during the rest of the litigation process. Your litigation lawyer will guide you through the mediation proceedings. In litigation filed outside Toronto, Windsor or Ottawa, parties can agree to conduct a mediation if they believe it is of benefit before trial.

Pretrial conference

If no settlement is reached and the above steps are complete, a party can “set the matter down for trial” by requesting the issue be placed on the trial list. After this, the parties must attend a pre-trial. A litigation lawyer will file the necessary documents on your behalf that enact the pre-trial and that are required for the pre-trial. At the pre-trial, a judge will hear statements on behalf of each party and help to try to reach a settlement. The judge is also allowed to provide their opinion of how the case would be decided if it reaches trial, though this is not binding. At the conclusion of the pre-trial, the judge can set the date of trial and complete a pre-trial report.

Trial

Litigation rarely reaches this stage due to the expense involved to the parties. During the trial, both parties provide evidence and witnesses. At the conclusion, a judge will make a binding decision. This decision may be appealed by either of the parties. A litigation lawyer will gather evidence, make statements, examine and cross-examine witnesses on your behalf during the trial. They will also advise you on whether or not to file an appeal at the conclusion of the trial.

It is rare for litigation to reach trial, let alone be ended by a decision at trial. A settlement is typically reached during one of the proceeding stages. Having an experienced litigator on your side will help you best present your side of the dispute, giving you the best chance of settling favourably.

Source:https://www.lcwlawyers.com/the-process-of-litigation-in-ontario-small-claims-court/

The Importance of Estate Planning for the Millennial Generation

If you were to ask a millennial to make a list of their life plans or priorities, it would likely include such things as educational and career accomplishments, vacation experiences and building relationships. Graduating, landing their desired job, paying off their debts, buying a home and traveling are likely to be high on that list. Estate planning, on the other hand, is likely to be near the very bottom, if it were to appear at all. This is unsurprising, given that the millennial generation is experiencing a delayed path to achieving traditional life milestones, and thus, in many cases, significant asset accumulation. However, a lack of emphasis on the importance of estate planning, and a lack of knowledge of the many benefits that can be gained from setting up an estate plan are likely also contributing factors.

What Happens if You Don’t Have a Will?

For one, Part II of Ontario’s Succession Law Reform Act, which governs how your assets are distributed if you die “intestate” (without a Last Will), provides a very rigid formula that is based on traditional societal values. These rules can be summarized as follows:

1. If the Deceased has a spouse (common law spouses are not included) and no issue, the spouse is entitled to the entirety of the estate.
2. If the Deceased has a spouse and issue, the spouse is entitled to the first $200,000.00 of the estate, and the remainder is divided evenly between the spouse and any issue.
3. If the Deceased has no spouse and no issue, the estate goes to the Deceased’s surviving parents, equally.
4. If there are no surviving parents, the estate goes to the Deceased’s siblings equally (and if a sibling has predeceased, that sibling’s share goes to their respective children).
5. If there are no siblings, the estate goes to the Deceased’s nephews and nieces equally.
6. If there are no nephews or nieces, the estate goes to the next of kin of equal degree of consanguinity.
7. If there are no next of kin, the estate escheats to the Crown.

When you begin to apply these rules, it becomes clear that for many millennials relying on the rules of intestacy means having their estate divided in a way that does not accord with their wishes. For example, the millennial generation are proving to get married later in life, and less frequently. Yet, unless you’re married, if you die without a Will your spouse will get nothing. Further, regardless of your marital status, creating an estate plan allows you to make specific bequests of your assets – of both sentimental and financial value – to the family, friends, and/or charities of your choosing.

Advantages of Estate Planning

Another advantage of creating an estate plan is that it provides you with the opportunity to plan for times of incapacity. As young, healthy individuals, living busy lives, incapacity is likely far from the front of the mind for many millennials. However, as unfortunate as it may be, accidents or unexpected illness can occur at any time. As a generation that is taking time to travel, adventure, and explore the world before entering the job market, creating a power of attorney allows you to appoint someone to care for both you and your affairs in the event that such an event were to occur. Lastly, for a generation that is increasingly tech-savvy and active on social media, creating an estate plan is uniquely valuable because it allows you to document your intentions with respect your digital assets. In your Will, you can outline who is entitled to receive any online assets that have financial value – like Paypal accounts or loyalty rewards programs – and also how those digital assets with personal or sentimental value – like Facebook or Instagram – are to be managed and by whom. Stating your wishes in this regard can help to instruct someone who otherwise may not know how to access your accounts, and also works to eliminate conflicts that might otherwise arise among family members who disagree on how to manage them. Understandably, setting up an estate plan is not naturally priority number one for the millennial generation. However, with an aging population, it is inevitable that there will be a significant wealth transfer between baby boomers and millennials for years to come. Thus, while this article provides just a few examples of the benefits of creating an estate plan for the millennial generation, the importance of doing so is only going to increase rapidly over time.

Source:https://www.lcwlawyers.com/the-importance-of-estate-planning-for-the-millennial-generation/

Types of Personal Injury Claims

If you’ve suffered an injury due to the wrong doing of another party, you may have grounds for a  claim for damages.  In Ontario courts, damages is usually a claim for money. Succumbing to a personal injury affects you both physically and financially and often emotionally. If this has happened to you or you feel that the compensation offered through insurance is insufficient, you need to hire a personal injury lawyer to fight for the compensation that you deserve. There are a wide variety of types of personal injury claims and it is important to be aware of the most common:

Car Accidents

Car accidents are a common cause for personal injury compensation claims. Though all drivers in Ontario are required to carry auto insurance for their vehicle, this insurance may only initially cover damage to your vehicle. If you’re badly injured and another driver was at fault, you may require a personal injury lawyer to sue additional compensation. There are many different types of wrongful acts that can lead to a car accident, including: speeding, distracted driving, failure to stop and driving under the influence. If you feel you have not been adequately compensated, talk to a personal injury lawyer as soon as possible.

Medical Malpractice

Medical malpractice claims result from an injury suffered while under the care of a health professional, such as a doctor or nurse. These claims can be complex and you should speak with a lawyer with experience in medical malpractice claims if you believe you have suffered an injury during medical treatment. Some examples of medical malpractice are: mistakes in treatment; improper diagnosis; treatment against a patient’s wishes.

Slip and Fall

A slip and fall can result in long-term or serious injury. In Ontario, property owners must maintain property that is accessible to the public. If they do not, they are liable to a personal injury compensation claim. Slip and fall accidents can result from: snow or ice buildup on sidewalks, poor lighting, uneven or cracked pavement, broken handrails and sinkholes. No matter whether the property owner is a homeowner, business owner or the local government, they’re liable for injuries caused by failing to properly maintain and safeguard their property.

Dog Bite

Dog owners are responsible for injuries inflicted by their dogs. These injuries can be physical, mental or psychological. It is important for you to identify the dog’s owner and to seek medical attention as soon as possible following a dog bite. The dog owner may be subject to criminal or by-law violations, but they are also liable for your personal injury compensation. If you believe you’ve suffered a personal injury due to the wrongful acts of another party, contact the experienced injury law team at Chown Cairns. Their local Niagara lawyers have a wide array of experience and expertise when it comes to personal injury compensation claims.

Source:https://www.lcwlawyers.com/types-of-personal-injury-claims/

When Employees Should Hire an Employment Lawyer

If you have recently been fired or feel you are experiencing discrimination in your workplace, you may need to want to seek advisement from an employment lawyer.

Common employment matters that benefit from the advice of a lawyer include wrongful dismissals, terminations, severance package reviews and discrimination cases.

If one of the above employment matters is currently affecting you, solicit the advice of a lawyer.

Ontario Employee Protections

In Ontario, you are protected under two set of laws: the Employment Standards Act of Ontario and the common law. There are standard provisions that an employee must be given under law but there may be other entitlements that only expert legal advisement can unearth.

Wrongful Dismissal

How do you know if you have a case for wrongful dismissal? Under Ontario employment law, firing an employee without ‘reason’ or ‘cause’ is not considered wrongful dismissal. Employers are only required to provide reasonable notice and, potentially, severance pay. If you feel that your employer failed to provide reasonable notice of termination, you may have a case for wrongful dismissal and should seek the advice of a lawyer.

Severance Package Reviews

Upon dismissal, you should be provided with a severance or termination package from your employer. Without the guarantee of a new position in the near future, it is important to ensure that your severance or termination package is the best it can be. Have an employment lawyer review the package to determine if it is fair or not. Under the common law, many employees are likely entitled to more than the statutory minimums outlined in the Employment Standards Act.

Age or Sexual Discrimination

If you have been sexually discriminated against in your workplace or have been discriminated against because of your age, you should seek the legal advice of an employment lawyer.  You are legally protected under the Ontario Human Rights Code that your employer cannot make employment decisions based on the grounds of sex or age. A lawyer will be able to assist in filing a human rights complaint.

Hire an Employment Lawyer

The employment lawyers at LCW have experience in finding resolutions to employment and labour related disputes. Book a consultation with one of our Niagara employment lawyers to have your employment matter reviewed.

Source:https://www.lcwlawyers.com/when-employees-should-hire-an-employment-lawyer/

How to prepare to meet with a Family Law lawyer in Niagara

The process of separation is emotionally charged and often feels overwhelming for families. In the course of negotiating a separation agreement, you may need to deal with a number of legal issues including parenting arrangements, spousal and child support claims, insurance provisions and property division.

Once you have chosen the lawyer you will work with, how do you prepare for your first meeting with

your Niagara family law lawyer? What should you bring to your appointment, what information should you be prepared to provide and what questions should you ask?

Compile important information about your situation

In order to compile your case and provide legal advice, your family lawyer will need to know specific details about your situation.

Income and Expenses

It will assist your lawyer to know your income and the income of your spouse over the past three years and to provide information about your monthly expenses and financial needs.

Assets and Debts

You should be ready to discuss the assets and debts that you have and that you share with your spouse. These assets may include real estate, personal property (contents of your home, vehicles etc.), bank accounts and retirement funds. You should also prepare a list of your liabilities such as mortgages, lines of credit, loans and credit cards.

Marital and Family History

It will help your family lawyer if you have prepared a summary of your marital and family history. The summary would cover information about you, your spouse, your marriage or common law relationship, you children, your employment and the employment of your spouse, and the education and work experience of both of you during the relationship.

Be Prepared to Discuss

What arrangements should be made for your children?

• who will your children live with, what time will they spend with each parent, how will important decisions be made for the children, who pays child support and what support should be paid?

What are my needs?

• what are my financial needs, do I want to stay in the family home, what assets do I want to retain, what debts will I be responsible for?

What will be the biggest issues that you and your spouse must sort out?

Does my spouse have a lawyer, will my spouse be prepared to negotiate a separation agreement or do we have to go to court?

Questions to ask your Niagara Family Lawyer

What is the best process for me and what is the estimate time this will take? What is the difference between a separation agreement and a court order? What resource are available to help me through my case? Are there things I can do to protect myself and to assist with my case? What are the likely costs of my case and will my spouse pay any of my legal costs?

The Family Law lawyers at Lancaster Chown & Welch in Niagara can assist you with their extensive experience and effective representation.

Source:https://www.lcwlawyers.com/how-to-meet-with-family-law-lawyer/