Whatever the workplace issue or employment dispute, seeking advice from an employment lawyer may well be an important first step. Whether it is a case of wrongful dismissal, workplace harassment, employment contract issues, or violation of human rights, consultation with a lawyer directs him on how one is supposed to go about it and what his legal protection is. In addition, it is helpful to know what one might expect in that first consultation to ease apprehension and put him in the best possible position to maximize the session. In the sections that follow, we describe what one can expect from a consultation with a Toronto employment lawyer.
Initial Contact and Scheduling of the Consultation
Generally speaking, the first call between client and law firm is the initial contact. Most employment lawyers in Toronto will offer either a free or low-cost consultation for the purposes of case evaluation and general advice. The first time you contact them, either by phone, email, or online form, you will be asked to briefly describe the problem you are having. This is a very significant moment because, with this information, the law firm will decide on how your case falls within the degree of their expertise and how they can help you.
This is the stage at which you are supposed to summarize the problem about your job for example – your post at your workplace, how long you have worked there, and where the issue lies, for example, where you may be facing illegal dismissal, or discrimination. The company would then call you after the information with an appointment to see one of their employment lawyers.
Preparation for the Consultation
Now that a date has been set, it is time to prepare. While one can show up and let the attorney do all of the asking, it would be far more productive going in prepared for the session. Gather all available documents that will best help the attorney assess your case. This might include an employment contract, performance reviews, termination letter-if any, written communication with the employer, and incidents of harassment or discrimination.
The more of these dates, the nature of the incidents, and any witnesses involved you have noted down, the clearer the timeline of events. The more organized you are, the easier it will go through for the lawyer, hence being able to give sound advice easily.
The Purpose of the Consultation
A consultation is a meeting where you and the employment lawyer will be able to tell if it makes sense for the two of you to go further together in any fashion. The lawyer shall be in a position to take information from you in determining whether you have a valid legal claim, advise you about your rights under Canadian employment law, and provide preliminary advice concerning potential legal strategies which may be pursued.
An opportunity to assess the experience of the attorney, his style of communication, and comfort level with him. Employment disputes don’t get resolved overnight. It, therefore, pays to be confident in and trusting of the lawyer that would represent you.
Assessment of Your Case by the Lawyer
Upon consultation, he first asks relevant questions about your case. Be prepared to narrate specific events, discussions with your employer, and any actions you may have taken so far to resolve the problem. The lawyer would then listen carefully and at times would ask follow-up questions in order to complete the missing links of any important information or even to clarify a certain detail.
The lawyer would then consider at this stage the legal merits of your case. The attorney will consider not only whether you have a good claim according to the employment laws of Ontario but whether your case is worthwhile in pursuing. If he or she thinks that a case with merit does exist, advice may then be given as to how to proceed, for example, the potential legal remedy on preparing and filing a complaint, negotiating a settlement, or if necessary, taking the matter to court.
Discussion of Rights and Options
This is perhaps the most basic core of the consultation, where the lawyer explains your legal rights to you. Employment law is confusing, and most employees are unaware of the many ways the law protects them. Hire a Toronto employment lawyer to help explain your rights as it pertains to wrongful termination, severance pay, harassment in the workplace, issues relating to discrimination, overtime, and several other related issues. Relevant legislation which may apply to your situation would include the Ontario Employment Standards Act and the Ontario Human Rights Code.
The lawyer, after explaining your rights, would then outline your options. It might be an issue of negotiating with your employer to seek a settlement, filing a claim with the Ontario Ministry of Labour, or filing a lawsuit. He might also explain the risks and the good side of every option in order for you to make an intelligent decision on what best to pursue.
Fee Structure and Costs
Another big part of the consultation involves discussing the fee arrangement and the fees that might be associated, indirectly or directly, with moving your case forward. Generally speaking, employment lawyers may represent their clients in one of three ways: either by an hourly rate, a fixed fee for particular services, or on contingency, whereby the lawyer doesn’t get paid unless they win your case or settle on your behalf. Contingent fees would be welcomed in employment law, more so when the question of dismissal or severance arises, because the client can forward such a matter with no direct upfront legal cost.
He will explain to you his expectation of payment and on what basis he is charging for each service. This will give you an idea whether you can comfortably afford the process or what ramifications will stem thereof both financially.
Timeline and Steps
Whereafter, at the end of the consultation, the attorney would summarize the findings and state what to expect from here on out. In a case where he feels one indeed has a good case, he may advise him accordingly by taking other courses of action: gathering more evidence, writing a demand letter, or filing a lawsuit. They will also give you an estimated time frame of how long your case may take based on their experience, along with the nature of your dispute.
It is a good time to ask questions now. Clear up any misconceptions you may have about the legal process, the role of the lawyer, or your role as the client. The better informed you are about what to expect from the legal road that lies ahead, the better equipped you will be to deal with what is to come.
Establishing a Lawyer-Client Relationship
Your consultation is how you build a rapport with your employment lawyer. Since employment law cases involve personal information which could even drag on for several months or years, the trust and communication need to be established. Take notice of how the lawyer communicates with you in a consultation. Does he explain complicated legal issues in a more simplified way that is understood easily? Does he listen properly with regard to your problem?.
For the smooth processing, a lawyer chosen to your comfort can go a long way. A very initial consultation is the time at which one can feel whether the lawyer is suitable for your case or not.
A consultation with a Toronto employment lawyer can be a great opportunity to understand legal rights and take important steps toward resolving a workplace issue. You can help make the most of this consultation by having all documents in your possession relating to your matter with you and be prepared to discuss the details of your case. In that regard, the lawyer will subsequently review your matter with you, explain and describe options available to you under the law, and may discuss various potential costs to you by which to help you decide how you would like to proceed. Most importantly, this first consultation will give you an idea whether this is the right attorney to handle your interests and support you through what may be a confusing, sometimes burdensome procedure.