Employment Law Services for Business Owners in the Greater Toronto Area
We help you defend cases involving terminations, layoffs, constructive dismissals, wrongful dismissals, disability claims, sexual harassment & preventative services.
How we help +
If you’re an entrepreneur or business owner facing legal battles with your employees, or simply want to avoid legal problems in the future, Kevin Marshall’s legal team can help. We're highly experienced in resolving work-related issues, including wrongful dismissals, constructive dismissals, sexual harassment, occupational health & safety claims, and WSIB.
Because our clients in the Greater Toronto Area are both business owners and employees, this gives us a complete picture about how both sides of the legal dispute see things and operate. This means that you as a business owner have an advantage, because we can help you understand where the employee is coming from, and what incentivizes them. This maximizes your chances of successfully defending and winning or resolving your case.
Legal problems can disrupt your business
We know that running a business is stressful, because there are a lot of moving parts, including your employees. When you’re involved in a legal dispute with your staff, whether it’s because of a termination, sexual assault case, or a disability claim, this can disrupt the rest of your employees, as well as yourself.
This is why, as fellow business owners, we take great care to understand your situation, understand the employee’s situation, and make sure that we can resolve things as smoothly, quietly and quickly as possible.
Preventing legal disputes with employees
We also know from our experience that most small and medium business owners rarely think about preventing legal disputes at work. They usually only come to us and become our clients once they’ve encountered a legal problem and need our help to defend a case or claim. At this point, most of the time, some damage to workplace productivity, profitability and atmosphere has already been done.
This is why we always like to offer preventative legal measures for business owners as well as helping them defend against cases. For business owners who want to take a proactive approach to mitigating legal disputes with employees, we offer specialized preventative legal services. These include preparation of office protocols & guidelines, employment contracts, layoff agreements and termination letters.
Keep your workplace free from legal disputes
In some cases, we even offer investigation into employee misconduct, in case you feel that there are some troubling developments growing in your workplace and you want to stop them in their tracks before they damage your business and potentially its reputation.
Our legal team understands how important it is for your business to run smoothly without any legal disputes. This is why we’re here to help as your legal companions. We provide a full suite of legal services to help you defend against cases, as well as prevent them from happening in the future.
Running your business is hard enough without legal problems. That's why we take time to understand your business, solve your legal issues and help you avoid them in the future. You get a legal companion who puts your business first with a complete approach of proactive and reactive business-friendly legal expertise. You're not just a client. You're our partner.
- Kevin Marshall
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1. Proactive legal services
to keep your business running smoothly.
Preparation of office protocols & guidelines
Are you worried about not having employee guidelines for hygiene, social distancing, privacy, internet use, remote working and more? As a business owner, you need to communicate these clearly and effectively with your employees so misunderstandings don't grow into legal problems.
Like it or not, the law is designed to protect employees, not business owners. This means that if your contracts are at odds with standard employment laws, you can run into serious unforeseen issues that cost a lot of time and resources. We help you to draft strong, legally sound contracts that prevent major problems.
Lay-off agreements & temporary lay-offs
Temporary lay-offs are among the most misunderstood concepts by employers, due to their overlap between the Employment Standards Act and the common law. Not understanding these distinctions often leads to unwanted lawsuits. This is where carefully drafted lay-off agreements helps avoid costly problems.
Termination letters & releases
Terminating your employees smoothly requires the science of law and the art of negotiation. You need a properly structured termination package that not only resonates with the Employment Standards Act and keeps your employee happy, but also leaves bargaining power for you, just in case.
Investigation into employee misconduct
Your priority is to keep a peaceful and productive workplace so money keeps flowing. When we help conduct employee investigations, we make sure to walk the fine line between keeping the peace, respecting employee privacy, and gathering sufficient, detailed evidence to provide maximal clarity and a smooth outcome.
Wrongful dismissal for cause
If your employee is being terminated with no package or pay, they may want to retaliate legally, at which point you need to be prepared with strong evidence to support your "cause" for terminating them. Otherwise, you may be looking at an uphill legal battle that favours the employee.
2. Legal cases we defend
when you're hit with the unexpected.
The heavily disruptive nature of workplace sexual harassment is a true nightmare for employers. The impact on your staff confidence and productivity can really hurt your bottom line, and with the ever increasing popularity of the #metoo movement, your company's reputation is also at stake. We help you react in a controlled, peaceful and steadfast way.
Occupational Health & Safety claims
Even before Covid-19, employers have always been vulnerable to staff complaints about workplace health and safety and the resulting workplace investigations. Now with a complete paradigm shift in workplace environments and inspectors' increased focus on hygiene and sanitation, these claims require greater attention to detail than ever before.
Human Rights claims
Are you facing a human rights complaint after firing an employee? The extremely broad nature of the Human Rights Code can be a real nightmare to defend against, not to mention the potential impact on your company's reputation. This is why we strongly advise to set proper workplace guidelines proactively. If you've already received a complaint, our expertise can help you respond to that application.
Receiving a constructive dismissal claim can be both surprising and confusing for employers. Imagine your employee demands a pay package after they've voluntarily quit. The reality is that you may have made changes to your contracts that have left you vulnerable to such a claim. We'll help you investigate and defend against the case if necessary.
Short term disability claims
If your employee has filed a short term disability claim, there are several factors you need to consider before proceeding with a defence, including the employee's claim history and the strength of their medical evidence. We'll give you clarity on your situation and help you make the right call. If we need to defend, you're in good hands.
Workers Safety & Insurance Board claims (WSIB)
Dealing with the Workplace Safety & Insurance Board can be a tricky matter. If your employee has submitted a claim and you want us to get involved, we can help you navigate the landscape and avoid recurring incidents. We always suggest a proactive approach, but if you need representation at a mediation or WSIAT hearing, we're here to help.