12 Jan Q&A: Most Frequently Asked Questions
Every day, employers and employees call KCY at LAW to ask questions about their employment law matters. There are a handful of questions that are frequently asked, and we believe that it will be helpful to share the answers with you.
The most frequently asked questions are:
Do you offer free consultations?
KCY at LAW does not provide free consultations. The structure of our consultations is to be as helpful and informative as possible at the first meeting, whereas with a “free consultation” it leads to a paid retainer agreement to be provided with legal advice, so it is really not free. We want to provide as much help as we can the first time around, so that your concerns can be resolved swiftly.
There are even occasions where a client will only need one consultation because we have answered all of their questions and given them actionable steps to resolve their matter.
I am a unionized employee, but my lawyer that was provided has not helped me to the extent I was expecting, can I hire KCY at LAW to help?
Unfortunately, the answer is not in the first instance. KCY at LAW cannot provide legal representation for unionized employees, but she can provide guidance to assist you through the administrative process with your union and the union lawyer. The reason is that unionized employees are protected under labour laws outlined in the Canada Labour Code and they are part of a “Collective Bargaining Agreement” which has a specific process to be followed. Employment lawyers cannot advise under this Collective Bargaining Agreement because we work under employment laws which are bound in the Employment Standards Act, 2000. In simple terms, unionized and non-unionized employees are protected under different laws, and their collective bargaining agreement.
When committing to employment within a union, you agree to being protected by the Canada Labour Code and by the lawyers the union can provide to you. Even if a unionized employee is upset about the representation provided, they accepted this procedure when they signed their Collective Bargaining Agreement (the equivalent to an Employment Contract).
Do I need to provide an Employment Contract for my first consultation?
It is in the client’s best interest to supply their Employment Contract before the consultation. There is a lot of information and answers about their employment relationship that is extremely helpful for Kathy Chittley-Young to analyze. The Employment Contract can have information about termination, severance pay, length of service, benefits, and so much more that is valuable to the employment lawyer.
I was recently given a termination notice; can you determine whether my termination package is fair?
Absolutely. This is one of the most common questions that we answer. When evaluating whether an employee’s termination package is fair, we analyze age, length of service, and the role of the employee. Every employee is entitled to a distinct amount of notice pay, and KCY at LAW can help determine the exact amount you are entitled to.
My employer sent me a notice indicating that if I don’t receive the vaccine, the company will fire me, is this breaching my rights as an employee?
If your employer has given you a reasonable amount of notice stating that the vaccine is mandatory in order to continue your employment relationship, and this mandate was permitted or regulated by the government, then this requirement is valid.
The only instance where an employer cannot terminate an employee because of their vaccination status is if they cannot receive the vaccine due to an exemption for a viable religious belief or a health condition. In this case, the employer should do their best to accommodate fairly.
If you have any other questions about your employment matter, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.