Labor lawyer for workers
If you are an employee, you are not unionized and believe you have been a victim of :
- Psychological harassment ;
- A victim of a work accident or an occupational disease or industrial injury ;
- Victim of bullying ;
- Unjustified, wrongful or constructive dismissal ;
- An illegal practice by your employer.
You can seek our legal services to identify the different options available to you and the most economical and rapid solution to resolve your situation.
Harassment at work
The labour and employment law and the human rights code condemned every form of harassment. Labor laws govern harassment at work.
The Act respecting labor standards imposes certain obligations on employers so that they provide a healthy workplace free from psychological and sexual harassment. Not only must they offer a healthy working environment, but they also have an obligation to prevent harassment.
If you feel that you are being harassed at your workplace, you may have recourse under the Act respecting labor standards to put an end to the situation, to obtain compensation and a change in your working conditions.
First, you need to check if the law applies to you:
- If you are self-employed and have many clients, or
- If you work in a company governed by federal laws such as employees of the federal public services, banks, radio and television companies, telecommunications, interprovincial transport, etc.
You do NOT benefit from the protection of the Act respecting labor Standards. For federal workers, federal law applies (Canada Labor Code).
In addition, all other employees, including managers and unionized employees governed by a collective agreement, can benefit from the protection of the law in matters of harassment at work by contacting their union representative.
Harassment can occur in different situations and the people involved can differ, for example, harassment can be done by a co-workers, an employer, a client or even a supplier.
If you believe you are a victim consult your human resources department or your union representative. Your employer must rectify the situation. His investigation should confirm a case of harassment. If this is not the case, a complaint to the CNESST may be filed.
To find out what your remedies are, contact the CNESST to file your complaint on time and contact one of our lawyers, who will be happy to guide you so that this situation can be resolved.
Did your employer terminate your employment contract definitively without notice or delay on the grounds of serious conduct, a bad attitude, poor performance, a lack of skill or ability? Did you get fired unfairly and have no union to turn to?
This dismissal may have been made without just and sufficient cause and you may obtain a reinstatement and / or damages remedy against your former employer.
So if you are :
- An employee;
- Uou are not unionized;
- That you have accumulated 2 consecutives years of service within the same company or a subsidiary;
- You believe you were dismissed without just and sufficient cause.
You can file a complaint with the CNESST. The deadline for filing a complaint following your dismissal is 45 days. Our employment lawyers can represent you before the administrative labor tribunal.
For unionized employees, you must refer to your collective agreement and initiate the grievance process.
A situation can arise when the employer dismisses the employee by presenting the situation to him as a layoff or by causing the employee to resign. To do this, the employer will modify his working conditions substantially and in a random and unjustified manner.
For example, unjustified modification of working conditions can be achieved by changing the employee from position in the company to a less prestigious position, reducing his hourly rate or vacation, etc.
If your situation resembles those set out above, you may have a recourse against your former employer, even if you are still working with the same employer. Our employment lawyers can represent you before your employer or before the courts.
We can help you negotiate your working conditions and your contract with your future employer or with your current employer in the event of a renewal.
In addition, in the event of a dispute resulting from a non-competition or non-solicitation clause for which your employer claims that you are not meeting your obligations, our labor lawyers can help you defend your rights and even have the clause invalidated if it is abusive.