For Employees

SERVICES TO EMPLOYEES

Howard Employment Law (HEL) advises and represents employees on the full range of issues they face in the workplace.

Review of and Negotiate Employment Agreements

It is critical for employees to get legal advice before signing employment agreements which can significantly reduce their contractual rights to severance or their ability to work in their industry after they leave.

Constructive Dismissal

If you believe your terms of employment have been materially changed or you face an intolerable work environment, you may be entitled to claim constructive dismissal. HEL helps you determine if you have been constructively dismissed and plan a strategy for leaving your employer with severance.

Severance Reviews

If you have been terminated and offered severance, it is almost always worth getting a legal review of the severance package. In many cases, employer initial offers are inadequate, either in duration or in failing to recognize all elements of the employee’s compensation package, particularly incentive pay (bonuses) and benefits. We start with a one hour paid consultation.

Severance Negotiations and Claims

Where the employer has refused to pay any severance or maintains an inadequate offer, we assist by first attempting to negotiate for severance and, failing agreement, filing and prosecuting a wrongful dismissal claim in the courts.

Employment Standards Complaints

Whether as part of a severance review or on its own, we can advise you on whether your employer has failed to pay you wages owing under the Employment Standards Act, including overtime and vacation pay. HEL can also assist you in understanding your rights as an employee taking statutory leave, such as maternity leave, including where the employer seeks to terminate employment during or at the end of the leave.

Harassment and Discrimination Complaints

We can advise you on how to pursue complaints of bullying and harassment, both under employer policies and the Human Rights Code. We can also advise on allegations of discrimination and assist you in filing and prosecuting a Human Rights Claim.

Post-employment Competition

We can review non-compete agreements and advise you as to whether they are likely to be enforced and strategies for minimizing exposure to employer claims. We can also defend you if your former employer sues you to enforce a non-compete.

Unfair Representation

If you are a union member but believe your union has not properly represented your interests, we can advise you.

HOW WE’LL WORK WITH YOU

First Call is Free

If requested, we will spend approximately 5-10 minutes with you on the phone to determine whether you have a legal issue that makes it worthwhile for you to come for an initial consultation.

Initial Consultation

These run approximately one hour. During the consultation:

1. We get the basic facts relating to your employment.
2. You provide the background facts relating to your concerns.
3. We will identify the legal issues and our tentative assessment of your legal position, including comparing your legal rights to any employer offer.
4. We recommend your next steps, including whether to retain us and discuss approximate costs for next steps.

At the end of the consultation, you get to decide whether you wish to retain our firm to represent you.

CONSULTATION FEES

Geoffrey Howard: $550 plus taxes
Associate: $350 plus taxes

As of January 2024, fees are subject to annual review.

Payment must be made in advance or at the end of the consultation if done in person. Note that if incurred in relation to a termination of employment, legal fees are tax-deductible.

RETAINER

If you would like our firm to represent you, you will be required to provide a “retainer”, being a deposit against future fees. This will be discussed with you at the consultation. In some cases where the employee knows they need legal counsel, employees may proceed directly with a retainer.