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Do Employers Have to Provide Reference Letters? The Legal Lowdown

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters.

Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.

No Obligation, No Problem

Let’s start with the undeniable truth: employers are under no legal obligation to hand employees a glittering reference letter, as affirmed by the Ontario Court of Appeal (2007 ONCA 573). So employers can rest easy, knowing that you’re not compelled to write letters of recommendation for every departing employee.

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Cover Your Assets: Why Having a Witnessed Release is Your Best Defense Against Future Legal Woes

Witnessed Release is Your Best Defense Against Future Legal WoesSo you’ve finally settled a dispute with a former employee who had alleged a wrongful dismissal or discrimination. You’ve drawn up the papers to confirm the fact that the matter is settled. Now, all you need are signatures on the dotted lines. Whose signatures exactly?

Parties

When settling a dispute with a former employee, the parties involved should sign the release –  you know, those documents filled with legalese stating that that the employee/releasor releases the employer/releasee from all claims arising out of the employment relationship, termination thereof, et al. – to make the settlement legally binding. These signatories typically include the former employee and sometimes a representative from the employer, such as a human resources manager or CEO.

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Time to Call in the Pros: When Do You Need an Employment Lawyer?

When Do You Need an Employment Lawyer?When it comes to employment law, there’s no shortage of information out there. From blogs to TikToks to YouTube videos, there’s a wealth of knowledge available at your fingertips. And let’s not forget about the government guides – they’re a great resource for staying up-to-date on the latest employment laws and regulations. While there’s a ton of information that can help employers navigate employment issues DIY, there are still situations where you really need an employment lawyer. 

Let’s be real – running a business can be a real headache sometimes, especially when you throw in all the legal mumbo jumbo. That’s where employment lawyers come in – we’re the legal experts who can help you navigate the murky waters of employment law and protect your business.

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Show Me the Money: Legal Fees Explained

Legal Fees ExplainedSo you’ve decided that you’d like to hire an employment/labour law firm. What about legal fees? You’ve seen the ads on TV and online where lawyers promise not to take a cut of anything until you win. Other lawyers’ services seem to cost an arm and a leg. How do you navigate the world of legal fees? This can be tricky, so below we’ve outlined some of the most common fee structures for employment lawyers.

Hourly Rate

This is one of the most popular fee structures used by employment lawyers. The lawyer charges an hourly rate for their time, and the client pays for the actual time spent working on the case. Basically, the lawyer will track every minute (or even every six minutes, to be exact) they spend on your case, and they’ll charge you for that time. That means if they spend 18 minutes on the phone with you, they’re gonna bill you for 0.3 hours.

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Update on COVID-19 Layoff Provisions

COVID-19 Layoff ProvisionsThis past Monday marked the three-year anniversary of the date the World Health Organization declared COVID-19 a pandemic. Since that fateful day in 2020, a lot has changed. Though there remain areas where transmission rates are still high, increased vaccination rates, higher immunity, and public health measures have helped curtail the spread of the virus and significantly decreased the rate of new infections in Canada. 

As a result, many provinces and territories are revoking laws that were amended or implemented as a result of the virus. For example, about a month ago, Alberta repealed the COVID-19 layoff provisions in its Employment Standards Code (the “ESC”). This followed a trend we saw with the federal government as well as many other provinces such as Ontario. 

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Employer Liability Post #MeToo

Employer Liability Post #MeTooPost #MeToo we have more and more dialogue about sexual harassment and sexual assault. There has been significant discussion in the areas of what constitutes consent and the power imbalances that exist in the workplace. For those reasons, some employers prohibit intimate contact between employees. Employers take this stance, because they know they could be liable for the sexual misconduct of an employee, whether the misconduct was perpetrated against another employee, a client, or otherwise. 

Sexual assault is often discussed as a criminal offence however, frequently we see these allegations arise in the workplace as sexual harassment. Employees can report the conduct in the workplace and/or to the police and pursue a civil lawsuit against the alleged perpetrator and their employer. This can lead to investigations, police involvement, and defending a civil lawsuit. It is best to speak to counsel early in the process, involve your insurer if you have employer insurance or litigation insurance, and educate yourself about the process. Burying your head in the sand will not be effective when dealing with these types of serious allegations. 

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