Employment lawyers in Montreal
Labour and employment law for employees
Hamelin & Vrkic, avocats est un cabinet spécialisé en droit du travail et de l’emploi au Québec.
Have you been dismissed or laid off, psychologically or sexually harassed at work, or received an inadequate severance payment according to your situation ? Our labor and employment lawyers will provide you with practical legal advice focused on conflict resolution to enable you, notwithstanding the circumstances, to get back at work, obtain a reasonable severance pay or restore your quality of life at work.
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in labour and employment law for employees
Our law firm specialized in labour and employment law can best assist you when being a victim of wrongful dismissal. The test for allowing an employer to dismiss an employee for just and sufficient cause, and therefore without having to pay a severance are very strict. The employer will have to prove that the bond of trust with his employee has been irreparably severed. In particular, he must demonstrate that he has complied with the principle of progressive sanctions, except in cases of serious misconduct. Under these circumstances, it is possible to initiate negotiations with your employer to obtain a fair compensation and to avoid litigation, which is generally not desired by either party. As such, do not hesitate to obtain an appointment for a consultation with one of our lawyers specializing in labour and employment law.
The permanent layoff, unlike the dismissal, results from the severance of employment by the employer due to a reorganization of the company. It does not result from the conduct of the employee. Although the employer is legally entitled to layoffs, the employee is entitled to a reasonable notice of termination or a compensation in lieu of notice by taking into account the nature of the employment and the years of service of the employee. A lawyer of our labour law firm can best assist you in obtaining a fair and reasonable agreement, while ensuring that your reputation is preserved in order to facilitate your reassignment to a new job.
Psychological or Sexual Harassment in the Workplace
Psychological or sexual harassment is defined in the Act respecting labour standards as vexatious behavior in the form of repeated conduct, verbal comments, actions or gesture, that are hostile or unwanted, that affect the employee’s dignity, psychological or physical integrity, and that make the work environment harmful.
In such circumstances, do not hesitate asking our labour and employment lawyers for legal assistance if you believe you are a victim of psychological or sexual harassment in the workplace. We will certainly be able to inform you of the lawful remedies as well as alternative methods of settlements, such as mediation or negotiation of a severance package.
Compliance With the Act respecting labour standards
The Act respecting labour standards provides minimum working conditions that the employer must comply with, in particular with regard to leaves and absences, wages, pay, tips, work schedules and overtime work, as well as everything related to job terminations. A lawyer specializing in labour and employment law from our firm can best assist you on these matters.
Non-competition and non-solicitation clauses
A non-competition clause allows the employer to restrict the right of an employee to work for a competing company after his employment. The non-solicitation clause is to prevent an employee from soliciting clients or other employees from his former employer.
To be legal, such clauses must be written in express terms, must protect the legitimate interests of the employer, and be limited in terms of their duration, territory and type of work.
Do not hesitate to consult a lawyer from our firm if you need assistance regarding the drafting of such clauses and to be assured of their validity in your employment contracts.
Our lawyers in labour and employment law are able to best assist you for employment contracts, especially when it concerns the duration – indeterminate or determined – salary, bonuses, holidays, vacation, confidentiality and loyalty, non-solicitation, non-competition clauses, as well as regarding the respective obligations of the parties in the event of a termination.