Since 1925 Franklin and Franklin have offered our corporate executives, employers, and employees to guide their way through all Montreal labor law and legal matters regarding executive employment and labor law in Montreal and Quebec.
If you are an executive that is currently exploring other options or has even begun talks with a new firm and are about to begin the transition process, our team of Montreal employment law lawyers will help make your move as seamless as possible. Our dedicated team has decades of experience working with executives and their transition to their new positions. We will work one-on-one with you every step of the way by preparing and reviewing executive employment contracts, including non-competition and non-solicitation clauses, and reviewing termination packages as well as evaluating wrongful dismissal claims and prohibited illegal practices. We also represent corporate employers who require assistance in hiring and strategizing termination of executive employees, as well as drafting the appropriate executive employment agreements, termination, and severance packages and agreements, as well as releases.
Executive Employee Termination of Employment
Managers and executives work for the same company but are treated much differently than other employees. While our firm offers guidance for executives who are moving into new positions, we can also help when you are faced with termination and negotiating severance packages. Executives cannot be dismissed like regular employees because they have more responsibilities and trust in their roles. Dismissal is much more complex, and as an executive, you will likely see signs of dismissal before it is final. Some companies will not fire you but will attempt to force you to resign, which may constitute a constructive wrongful dismissal. If you are a corporate employer, the appropriate strategy is required to ensure the most seamless and efficient manner of termination and to avoid complaints for illegal wrongful dismissal and prohibited practices.
An executive will have many concerns, especially regarding compensation, reputation, fair treatment, and the ability to find other employment. As an executive, you will have additional rights and benefits that other employees do not have, but you must review your contract to ensure you do not make the wrong move and lose those benefits. The moment you see signs that you are facing termination, you will need to contact a Montreal executive employment lawyer to discuss your options. An executive employment lawyer in Montreal can determine if there is cause for your dismissal if you have a fair severance settlement and any other options.
What Are the Remedies for a Dismissal?
Very often, you may not need to take legal action after a dismissal. Your employment lawyer in Montreal can work to attempt to negotiate a fair severance package with the employer. Additionally, we can work with the employer to find you another employment opportunity or rehire you. What your possible outcome is will depend on the factors of your case. Whether illegally wrongfully dismissed, constructively dismissed, or dismissed without cause, you must be treated fairly and your rights must be protected. Please do not accept a severance package without speaking to a Montreal employment lawyer who can review it and determine whether it is fair and what your recourses are.
Types of Dismissal Actions
Executive dismissal is a complex topic, and there may be very short deadlines for taking action. There are a few types of dismissal that executives face that may be different than other employees.
Dismissal is when you are let go for a legitimate reason. You may be entitled to severance; some employers will help you find a new job and even give you a referral. You should have a lawyer to review whether your compensation and severance are fair.
Wrongful dismissal is when there is no legitimate reason for your termination. For example, you are being fired under false pretenses, or the reason cited is untrue. If you come back from sick leave and are fired, that is another common wrongful dismissal or illegal practice. You may require legal action.
Montreal Employment Law
If you are an employer or employee in Montreal, it’s important to understand your rights and obligations under employment law. Whether you are dealing with issues related to hiring, termination, compensation, or discrimination, our Employment Law team is here to help.
Our experienced employment lawyers have a deep understanding of Quebec and Canadian employment law and can provide you with the guidance you need to navigate this complex area of law. We can help you draft employment contracts, negotiate severance packages, and represent you in disputes before administrative tribunals and courts.
At Franklin & Franklin, we understand that employment law issues can be stressful and overwhelming. That’s why we take a client-focused approach to everything we do. We listen carefully to our clients, understand their goals and concerns, and work tirelessly to achieve the best possible outcome for them.
Franklin & Franklin
The Franklin and Franklin Montreal team of labor law and employment law specialists offers our clients a 360-degree service package for all of their legal obligations relating to human resources and employment laws in Montreal and the province of Québec, including employee confidentiality and non-disclosure agreements, hiring executives and employees, training and probation periods, psychological harassment, right to privacy, employee theft and fraud, hiring of an employee and temporary or permanent firing or laying off of an employee.
As an employer in Montreal, you must comply with the provisions in Québec’s Labor Standards Act and La commission des normes de l’équité, de la santé et de la sécurité du travail (CNESST), as well as the Québec Human Rights Commission, and for federal employees, the Canada Labour Code and the Canada Human Rights Commission. We can advise you of your obligations under these acts, as well as your employees’ and executives’ rights. Our Montreal employment lawyers will represent you in the event of a claim by employees and assist with mediation where applicable.
Contact our Montreal employment and labor lawyers today for more information on employment law in Montreal, Québec.