Labour lawyers in Montreal
Labour and employment law for employers
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Your company plans to terminate an employee for misconduct or poor performance. Before proceeding, the employer must comply with the applicable laws on dismissal or he ought to pay a reasonable compensation or damages that may be very costly under certain circumstances. Particularly, the employer must proceed according to the standard of gradation in terms of disciplinary sanctions, unless the event of a serious wrongful act was committed by the employee.
A specialized lawyer from our firm in labour and employment law will best assist you in order that your case meets the specific standards established by law before proceeding to dismissal. We offer representation at the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), the Tribunal administratif du travail (TAT) and in civil courts in the event that an employee has undertaken suing your company as a result of his dismissal.
Your company wants to dismiss an employee following the abolition of his position or a corporate reorganization ? Although the employer is legally entitled to proceed to such a termination for business purposes, he must nevertheless give the employee a reasonable notice of termination by taking into account the nature and the duration of his employment. A specialized lawyer from our firm in labour and employment law will best assist you on what would be a fair compensation to be paid to a dismissed employee in such an event, and so, in order to avoid court proceedings.
Psychological or Sexual Harassment at Work
Psychological or sexual harassment in the workplace is an increasingly notable issue in labour relations. The law provides obligations for employers such as taking reasonable measures to prevent such psychological harassment. When such conduct is brought to employers attention, he must swiftly undertake relevant actions in order to manage such a situation. Comprehensive harassment policies that are swiftly applied and known to employees are hence required and must be put into effect to provide a safe working environment. In the event of a complaint based on such harassment, an objective and rigorous investigation must be conducted by the employer to effectively respond and manage his legal obligations.
A specialized lawyer from our firm in labour and employment law can best assist you when facing this significant issue.
Compliance With the Act Respecting Labour Standards
As an employer, you have the obligation to comply with the various working conditions provided in the Act respecting labour standards. In the event of non-compliance with such conditions, an employee may file a complaint at the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). An investigator from the CNESST will then be seized of the matter and you will then be compelled to collaborate in his investigation. Before responding to such an investigator, we suggest employers to consult with a specialized lawyer from our firm in labour and employment law that can best assist you when facing such a matter, with the aim of promoting a quick resolution of the dispute.
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 employer 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 such clauses and to be assured of their validity in your employment contracts.
Our labour and employment lawyers are able to best assist you when drafting employment contracts or provide you with such contracts, whether in relation to the duration – indefinite or determined – salary, bonuses, holidays, vacation, confidentiality clauses, loyalty, non-solicitation and non-competition, and regarding the respective obligations of the parties in the event of the termination of employment.
A lawyer from our firm specializing in labour law can best assist you in the implementation of corporate policies aiming towards clarifying any expectations of the employer which have to be in line with the interests of its employees and the various labour laws considerations.
Collective labour relations
In regards to collective labour relations, we can best assist you in matters pertaining to a request of certification by a union, in negotiating a collective bargaining agreement and regarding its interpretation, including representation before an arbitration or other tribunals.