Lawyer specializing in employment law for employers
Are you a business leader or an executive ? Do you need help managing your working relationships with your employees?
The lawyers specializing in employment law at the Centre Légal Fleury have significant expertise in representing and advising employers. Our approach promotes negotiation and conflict resolution, which allows you to lower your costs.
We can assist you in managing various situations, such as:
- Psychological harassment ;
- Gradation of sanctions,
- Disciplinary or administrative suspension,
- The drafting of an employee contract,
- A non-compete or non-solicitation clause which has not been respected,
- The Act respecting labor standards ;
- Indemnity of end of employment ;
- Any question related to labor relations.
Harassment at work
As an employer, the law imposes certain obligations on you when a situation of harassment at work such as psychological or sexual harassment is reported to you. We can help you write and develop a policy against this type of behavior.
The Act respecting labor standards establishes employment standards. For example, it requires that you provide a harassment-free workplace for your workforce. A harassment complaint can be filed by the victim or a witness and can target another employee, an employer or even a client.
When you receive a complaint, you must act promptly and stop the situation completely. Use our services and we will advise you throughout the investigation following this information.
If the complaint is made under the Act respecting labor standards, we can represent you before the Commission des Commission des normes, de l’assurance, de la santé et de la sécurité du travail (CNESST).
Dismissal of an employee
The idea of firing one of your employees has been simmering in your mind for some time because of their poor behavior, attitude or performance at work. Before doing so, you must comply with certain rules that apply to dismissal.
Failure to comply with your legal obligations may result in a judgment to pay damages or very costly monetary compensation, depending on the applicable circumstances.
That said, you want to avoid being accused of wrongful dismissal or constructive dismissal. To protect yourself, be sure to respect the gradation of sanctions.
This rule does not apply if your employee has committed a serious fault which allows you to dismiss him immediately and end the employment relationship.
Not sure how you should behave when dealing with an unruly or underperforming employee? We can assist you to ensure that your file meets the criteria established by law before proceeding with a dismissal.
In the event that the dismissal has already taken place and your former employee has appealed to the courts for constructive dismissal, dismissal without cause or insufficient end of employment indemnity (severance pay), our labor lawyers will represent you before the adequate authority.
Suspension of an employee
An employee’s suspension can be administrative or disciplinary. In the first case, it is an interim measure by which you deny one of your employees the right to work during an investigation, given that his performance may compromise the legitimate interests of your company.
You must have a serious reason to suspend an employee and you must demonstrate:
- A sufficient link between the acts charged, the nature of the charges and the job held;
- Reason to believe that retaining the individual will harm the organization, its image and/or reputation;
- The inability to assign the person to another position where their presence will do less harm;
- The need to protect the public, customers or users.
In addition, if your employee is at fault, you must proceed by gradation of sanctions, in particular. The gradation starts with a verbal or written warning. Then, in the event of a more serious fault, you can impose a suspension with or without pay.
If your employees are unionized, consult the collective agreement in force for the appropriate penalty. If not, there may be an internal disciplinary policy in place, be sure to follow the terms.
If in doubt, your human resources department can contact our lawyers who can guide them into making the best choice to avoid possible legal action.
The employment contract is the basis of labor relations and its drafting as well as its interpretation are fundamental to ensure a good relationship with your employees. Our law firm can draft employment contracts for you or revise your contracts so that they comply with current standards and laws.
In addition, in the event of a dispute regarding the termination of a contract, taking a vacation, bonuses, leave, non-competition and non-solicitation clauses, etc. the lawyers of the Centre Légal Fleury have experience in representation before an arbitrator and civil courts.
If one of your former employees was linked to you by a non-competition or non-solicitation clause and you suspect him :
- To be employed by a competitor;
- To communicate with your customers so that they do business directly with him;
- That he appropriated confidential informations which belongs to you;
Contact us at 514 564-4944 or at email@example.com and we will act quickly to protect your company from illegal or unfair competition.
This is an emergency situation and it is important to react quickly. Legal advice from a lawyer is not negligible in this type of situation.
We will be able to advise you and represent you in any legal recourse that you choose to bring to enforce and order your former employees to meet their contractual obligations. In the event that this unfair competition causes you harm, we will take care of the necessary steps so that you are compensated for any damage you have suffered.