Bedford Employment Lawyers

Employees in Bedford are entitled to certain rights under the Nova Scotia Labour Standards Code. These laws outline the basic labour standards, workplace safety rights, and human rights that all employers must meet and maintain, and that each employee is entitled too. These include;

Pay and Wages

Employees must be paid for all hours worked.
The provincial minimum wage must be met.
Overtime rates must be paid when applicable.
Employers must state how vacation pay is being provided.
Holiday pay when applicable.

Labour Standards

Employees must receive 24-hours off consecutively every 7 days.
Employees are entitled to a break if they work for more than 5-hours.
Employees are entitled to 5 sick days per year.
Employees are entitled to 5 bereavement days when applicable.
Unpaid pregnancy and parental leave must be provided when applicable.
Unpaid leave must be provided to employees who have a critically ill child or family member that they are the primary caregiver for.

Workplace Health & Safety Rights

Right to Know: employees have the right to information around all job hazards.
Right to Participate: employees are entitled to being included in safety processes at a job site.
Right to Refuse: employees have the right to refuse to perform a task if you reasonably believe your safety is at risk.

Human Rights and Protection Against Discrimination

Employers have a duty to accommodate staff with disabilities.
Employees have a right to protection against discrimination.

Complaint Process

Complaints can be filed through the Labour Standards Division, typically within 6 months of the occurrence.
Complaints can also be filed through the Nova Scotia Human Rights Commission, for discrimination.

Collectively, these rights and protections are made up of provincial laws like those found in the Labour Standards Code, Occupational Health and Safety Act, and the Human Rights Act. If any of these protections or rights are being infringed on, you may be entitled to compensation.

How Can a Labour and Employee Relations Lawyer Help Me?

Whether you’re looking for compensation for wrongful dismissal, or negotiating a new contract, working with a collaborative and experienced law team can ensure you walk away from negotiations knowing you got the best deal. Not sure if a Labour and Employee Relations Lawyer is right for you? Be sure to call us today for a free case review.

Curious When We Can Best Help?

Proven advocates in arbitration and mediation processes.
Provide guidance in cases of wrongful dismissal.
Work collaboratively for collective agreement negotiations and contract reviews.
Fight for employment standards, human rights, and occupational health and safety excellence.

Our team of lawyers are proud to work with you one on one, or collectively, to ensure you get the best out of all negotiations. Need help with developing internal procedures or policies? Our lawyers are ready to work with you to develop, implement, and maintain the most appropriate procedures for your specific needs.

What is Wrongful Dismissal?

If an employee has been terminated without following proper separation procedures, there may be a case for wrongful dismissal. Wrongful dismissal is a termination of employment term without:

Providing reasonable notice (or pay in lieu);
Relying on a termination clause;
Failing to meet minimum standards as outlined by the province.

In some cases, an employee may be given working notice prior to a termination, others may be offered pay in lieu of notice (financial compensation for the notice period). Failure to provide these separation notices or severance payouts may be a case for wrongful dismissal.

Just Cause Terminations

In some instances of dismissal, an organization may choose to terminate an employment term without just cause. These are terminations where:

There was no incident or error leading to the dismissal.
The employee was not part of the decision to end the employment contract.
Legal notice or severance pay (or both) may be applicable.

If you’ve been laid off as a part of an organization restructuring, poor fit, or a downward turn in the economy, these are all cases of dismissal without cause. Notice of termination can sidestep the need for cause, but is required (or pay in lieu).

In cases where there is “just cause” for termination, neither notice nor pay in lieu are required. However if there is a claim for wrongful dismissal, you may be entitled to damages to compensate for:

Pay in lieu;
Lost bonuses or commission funds;
Continuation of benefits (or the value of);
Punitive damages (typically only in cases of bad faith).

Employer Contract Review

If you’re looking at accepting a contract with a new or existing employer, and want to ensure you get the best deal for you and your needs, consulting with legal representation may make a significant impact on the monetary value of your contract. An experienced lawyer can help with:

Analyzing Key Terms, so you get the highest pay, the strongest timelines, the clearest responsibilities, and the best overall outcome.
Identify Legal Risks, hidden unfair clauses or obligations? Not from us.
Negotiation Support, let us take on those challenging conversations.

Make sure you’re coming to all conversations prepared and clear in your objectives, our team can help get you there.

Severance Negotiations

If your employment is coming to the end of its cycle, and discussions with your employer around severance options have started, meeting your terms is always our goal. Legal counsel can assist with negotiating:

Severance Pay
Benefits
Bonus or Commission Payout
Restrictive Terms
References
Legal Release Agreement

If you suspect that your employer is offering a severance package that is lower than what an employee is legally entitled to in Nova Scotia, working with experienced legal counsel can make a substantial difference in the outcome of negotiations.

Special circumstances such as long service, or executive leadership roles can also add to the complexity of severance negotiations. Accurately calculating all payouts, compensation, and benefits is critical. Small errors could result in lost entitlements, so making sure your interests are protected throughout is key.

Job terminations are stressful, and can cause serious financial pressures on a family, don’t let an employer’s error worsen it.

Human Rights and Discrimination Claims

In Nova Scotia, complaints that are related to human-rights are handled through the Nova Scotia Human Rights Act. This legislation outlines ways in which employees are protected from discrimination and harassment. This Act is committed to ensuring that all members of our community are met with respect in the workplace.

Employees are protected from discrimination of:

Race, colour, religion, or creed;
Sex, sexual orientation, sexual identity or gender expression;
Age, physical, or mental disabilities;
Marital status, family status, or family planning;
Political beliefs or affiliations.

Human Rights protections apply to many areas of employment, and employers have a legal duty to accommodate. Human rights complaints are not limited to actions taken by the employer, but the work environment and safety of the workplace as well. If a workplace has become toxic or discriminatory towards a person or group of people, employers may be liable for discriminatory actions taken by their employees.

Can I Sue for Unfair Treatment?

If you have evidence that your human rights have been infringed on while at your place of employment, you may be entitled to monetary compensation. To file a complaint against your human rights;

File with the Nova Scotia Human Rights Commission (within 1 year).
Screening of events will occur.
An investigation, including written responses from the employer and gathered evidence, will be completed.
Mediation may bring claims to a settlement.
Claims may be taken to a court of law if applicable.

Do I Need A Lawyer To Sue My Employer?

In Nova Scotia, you are not legally required to hire a lawyer to submit a claim. However, whether you should will depend on the complexity and potential monetary value of your case.

Without a lawyer, you can:

Negotiate directly with your employer and their legal team.
Send a demand letter directly to your employer.
File a claim in Small Claims Court ($25,000.00 limit).

When Should I Hire A Lawyer?

The employment was long term, especially in cases of pensionable service time.
You held a managerial or supervisor role.
Bonuses, commissions, or stock options are involved in contract negotiations.
The monetary value exceeds Small Claims Court values.
You are facing counterclaims or legal threats.
Human rights issues are concerned (disability, discrimination, pregnancy, illness).

What Are the Risks of Not Hiring A Lawyer?

One of the most significant risks of proceeding with a legal claim without a lawyer is that you may jeopardize the contract or settlement you rightly deserve. You risk accepting an offer that is undervalued, or a contract that is full of irregularities. Employers are often represented by legal counsel, creating an imbalance in negotiations.

Accepting an undervalued severance offer;
Missing claim deadlines;
Misunderstanding legal terminology;
Miscalculating bonuses, benefits, or entitlements.

Curious How We Get it Done?:

Free, No-Obligation Consultation: We will review your case and provide legal counsel without any upfront cost.

Flexible Communication: Face-to-face, by phone, or virtually, we make connecting for consultations easy.
No Win, No Fee: You don’t pay unless we win your personal injury lawsuit. So you can fully focus on your recovery and rehabilitation, while we handle the rest.

Call Our Bedford Employment Lawyers Today!

Termination, negotiation, or severance; these high stakes conversations can be stressful and confusing. Speaking with a legal counsel to review your case may save you money in the long run. Even if you chose not to maintain full legal representation, a one-time consultation and review of your case is in your best interest. Allow our staff the opportunity to provide advice on whether you’re getting the best offer, and potentially significantly increase the valued outcome of your talks.