An employment lawyer advises employees and employers on rights at work: employment contracts, dismissal and severance, harassment and discrimination, and disputes over pay or leave. They explain what the law and your contract require, and negotiate or go to court when a resolution cannot be reached.
When to speak to a employment lawyer
- You were fired, laid off or had your job changed significantly, and were offered a severance package.
- You have been asked to sign an employment contract, a non-compete or a termination agreement.
- You face harassment, discrimination or retaliation at work.
- You are an employer ending someone's employment or drafting contracts and policies.
- You have not been paid what you are owed, or you were refused a leave.
What a employment lawyer does
- Reviews an employment contract or severance offer before you sign it.
- Explains your entitlements under employment standards law, your contract and the common law.
- Negotiates a settlement with the employer, or represents you before a court or tribunal.
- Advises employers on terminations, policies and compliance.
- Helps with human rights complaints and workplace investigations.
How the rules differ across Canada
Employment standards are mostly provincial, so minimum notice, vacation and leave rules depend on where you work, while federally regulated workplaces such as banks, airlines and telecommunications follow the Canada Labour Code. Quebec has its own rules as well. Your contract and the common law can give you more than the statutory minimum.
Questions to ask before you hire a employment lawyer
- Do you act for employees, employers or both?
- Before I sign anything, what should I understand about this offer?
- How will you charge for the work, and can I get a fixed fee for a contract review?
- What is a realistic outcome, and how long might it take?
Frequently asked questions
Do I have to sign the severance package I was offered?
No. You can ask for time to review it, and it may be possible to negotiate. Signing usually releases the employer from further claims, so many people get advice first.
What is wrongful dismissal?
A dismissal without just cause, or without the notice or pay in lieu that the law or your contract requires. Whether it applies depends on your province, your contract and your role and length of service.
Can an employer fire me without cause?
Generally yes, but they must give the notice or pay in lieu that the law and your contract require, and they cannot end your employment for reasons that breach human rights or other protections.
How do I find an employment lawyer near me?
Choose your province or city on this page to see the employment firms LawDB lists there, with their public Google ratings, addresses and phone numbers.