Good HR professionals handle an enormous range of issues every day, from hiring and performance reviews to benefits questions and workplace conflict. Most of it doesn’t need a lawyer. But there are certain moments where a quick call to employment counsel can save an organization months of stress and tens of thousands of dollars. The trick is recognizing those moments before a problem grows.
When someone is leaving
Terminations are the most common source of employment claims in Ontario, so they’re the most obvious time to get advice. This is especially true when the employee has long service, holds a senior role, or has an employment contract you haven’t had reviewed recently. A lawyer can tell you whether your termination clause is likely to hold up and help you prepare a package and release that reduce the risk of a lawsuit.
Timing matters too. If you’re thinking about letting someone go shortly after they’ve made a complaint, asked for an accommodation, returned from a leave or disclosed a health issue, slow down. Even if your reasons are legitimate, the timing can look like reprisal or discrimination. Getting advice first lets you document the real reasons and plan the process carefully.
When accommodation or human rights issues arise
Under Ontario’s Human Rights Code, employers have a duty to accommodate employees with disabilities, family status needs, religious practices and other protected grounds, up to the point of undue hardship. These cases are rarely black and white. When an accommodation request is complex, ongoing, or you’re not sure how far your obligations go, legal advice helps you respond in a way that’s both fair and defensible.
When there’s a complaint or investigation
Harassment and misconduct complaints carry specific legal obligations under the Occupational Health and Safety Act. If the allegations are serious, involve senior people, or could lead to a dismissal, it’s wise to involve counsel early and consider an independent investigator. Our workplace investigations team can run the process or guide yours.
When the business is changing
Restructurings, layoffs, mergers and relocations all affect employees’ rights. Planning these changes with legal input can prevent constructive dismissal claims and make sure you meet ESA notice requirements, including the special rules for mass terminations.
The same goes for new legislation. Ontario has introduced a steady stream of employment law changes in recent years, including new rules on job postings and pay transparency. Our article on Ontario’s new hiring transparency rules is a good example of the kind of update HR teams need to stay on top of.
When you’re updating contracts and policies
Employment contracts and handbooks need regular check-ups. Courts continue to refine what makes a termination clause enforceable, and a contract that worked five years ago may not today. Reviewing your templates once a year is one of the cheapest forms of legal protection an employer can buy.
Building a relationship before you need it
The best time to find an employment lawyer is before there’s a crisis. When counsel already knows your organization, advice is faster and more practical. Our article on how a labour and employment lawyer can protect your business explains what that relationship looks like.
Rozek & Co. advises HR teams and business owners across Ontario. Learn more about our employment law services or speak with our Toronto employment lawyers.
