Services offered in labor law
Are you an employer or an employee not represented by an union and are you looking for a lawyer to assist you in a labor law dispute?
The lawyers at the Centre Légal Fleury can represent you at all stages of the process, before any judicial or administrative court. Our firm has pleaded before the following courts :
- Regular courts ;
- Commission des normes du travail ;
- Commission de la santé et de la sécurité au travail ;
- Tribunal administratif du travail ;
- Arbitrator ;
Rest assured that you will receive the best legal advice and that our staff will work hard to find the strategy that is the most suited for you needs and will negotiate the best conditions for you.
Are you an employer and need help drafting certain legal documents?
Our office offers a service of drafting and preparation of legal documents related to labor law that can be used from the time of hiring until the end of the employment relationship.
Whether it is a policy, an employment contract, a fixed or an indeterminate term contract, a letter of reprimand, a letter of dismissal, a notice of assessment or a receipt, we can write it for you.
How a lawyer can help employees
If you are not represented by an union and believe you have been the victim of:
- Psychological harassment ;
- Victiment of a work accident or of an illegal practice by your employer ;
- A dismissal not made for good or sufficient reason;
Our attorneys can help you prepare your case and represent you during legal proceedings.
When should I consult a labor lawyer?
In order to reduce the extent of a dispute or prevent a dispute from developing, it is always best to consult a lawyer beforehand or your union representative very quickly after an event has occurred. Always use writing in your communications as much as possible. Confirm your phone conversation in writings.
For example, in the case of a refusal of compensation from the CNESST (formerly the “CSST”) or when you want to contest the compensation that has been granted to you, it is better to consult a lawyer directly because the delays to request a review of a decision are short and rigorous. That said, a legal advisor can help you.
If you have been involved in a work accident or your employer forces you to perform work that you consider dangerous, consult a lawyer directly at the Centre Légal Fleury to find out your rights.
You should contact our offices when any of the following situations arise :
- Negotiating and drafting individual employment contracts, policies, etc. ;
- The imposition of disciplinary measures and the gradation of sanctions ;
- Unjustified dismissal or wrongful dismissal ;
- The interpretation of a non-competition clause or related dispute ;
- Accidents at work and occupational diseases ;
- Representations in front of the CNESST ( formerly CSST) ;
- Representations before arbitration courts when available;
- Representations before the courts in matters of labor law ;
- Grievance arbitration in case of union negligence ;
- Private dispute prevention and resolution process such as mediation, arbitration, conciliation or amicable settlement conference.
Harassment at work
Acts respecting labor standards, whether provincial or federal, protect employees who are victims of harassment at work. Some exceptions are applicable, certain self-employed workers and workers governed by federal law are not included in the application of the provincial law.
Harassment is a type of behavior that can manifest itself in several ways, but for the law to apply, the following criterias must be met :
- Be vexatious and repeated or vexatious and severe;
- Be hostile or unwanted by the employee;
- Harm the dignity or the physical or psychological integrity of the employee;
- Create a harmful work environment that could lead the employee to leave.
If you believe you are a victim, contact our offices to find out your rights and options. If you are an employer, you have an obligation to provide a workplace free from psychological or sexual harassment.
Unjustified dismissal or suspension
Suspending an employee is a sanction that you can be called upon to use if you are an employer. However, it is essential to consult a labor lawyer before proceeding, so that he can guide you in this process and ensure the smooth running of this delicate situation.
If you wish to terminate an employment contract with one of your employees, the Act respecting labor standards and the Civil Code of Quebec impose certain obligations on employers that you must know and respect.
So, to avoid a possible litigation, our lawyers will advise you judiciously in this process and will make sure that you respect your legal obligations and the rights of your employees.
Conversely, if your employer suspends you from your duties when you consider that your work was adequate, or else that you are dismissed and this sanction did not seem justified, you should have recourse to a lawyer.
Advice and representation following a work accident (CNESST)
Have you had an accident at work, have you suffered an employment injury?
In the event that you have suffered a permanent or temporary impairment, a lawyer specialized in CNESST can help you analyze the admissibility of your claim to the CNESST (Commission des normes et de la santé et de la sécurité du travail).
He can also assist you in your efforts to claim a greater compensation then the one that has been allocated to you by the CNESST and provide you with information on any subject relating to an occupational health or accident.
Negotiation of employment contracts
If your work depends on a contract, a labor lawyer can help you negotiate optimal working conditions as well as several other aspects of the contract that can protect you and in particular assess the non-competition clauses.