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What Does an Employment Lawyer Do & When Do I Need One?

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What does an employment lawyer do? Protect employee rights! They advise, assist, negotiate and litigate on behalf of employees in all aspects of an employment contract.

Employees are guaranteed rights through legislation, employment contracts, bargaining agreements and decisions made by courts and tribunals. For the average worker, it’s hard to keep up with what an employer can and can’t ask of them.

If you’re unsure if your rights are being violated, reach out to employment lawyers in Toronto, and they’ll advise you if they are or not, and what you can do about it.

Employment lawyers provide all kinds of services that help ensure employees are treated fairly in the workplace. Below are a few of the popular ones.

Wrongful Dismissal and Severance Packages

Wrongful dismissal doesn’t refer to the reason for your termination, it means your employer didn’t provide you with the notice you were entitled to, or pay in lieu of that notice, when you were terminated.

The legislation (Employment Standards Act or Canada Labour Code) sets out the minimum amount of notice or pay in lieu of notice that an employee is to receive when they are terminated.  However, employees can be entitled to as much notice as it would take them to find a similar job under the common law (the court system).

As an example, if it would take an employee four months to find a job that is similar to the job they are being terminated from, they should receive four months’ of notice from their employer that they are going to be dismissed.  Alternatively, their employer can pay the employee four months worth of pay and have the employee stop coming into work.  This is called pay in lieu of notice. If they don’t do either, the employee has been wrongfully dismissed and is entitled to damages (money).

The legislation also offers certain employees  severance pay. To qualify for severance pay, an employee has to work for a company with a payroll of over $2.5 million and have worked there for five years or more.

Given that most employers only provide the minimum amount of notice and/or severance when terminating an employee,  employees may be entitled to more severance than they’re offered.

Employment lawyers are commonly retained to review and negotiate wrongful dismissal claims and severance packages and end up getting their clients more money than their employers initially offered.

Review Employment Contracts

Employment lawyers also assist new hires understand all the terms of the employment contract before they sign. Having an employment lawyer review an offer sheet will let you know what you’re entitled to, and your obligations during and after the employment relationship ends. For example, the contract may stipulate that you agree not to work in the same industry and jurisdiction as the employer for a specific amount of time after the contract ends.

Employees also retain employment lawyers to help them negotiate a raise or mediate a dispute in the workplace.

Represent Harassed Employees

Victims of harassment can feel too isolated and intimidated to speak up, especially in toxic environments like the one described at Tesla. Being able to speak to someone outside of that environment, especially someone who can help hold the perpetrators accountable, highlights the value of having an advocate there for you when you need them. Employment lawyers can be of assistance to employees experiencing a toxic workplace.

Credit: Andrea Piacquadio via Pexels

Business

Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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Dollarama keeping an eye on competitors as Loblaw launches new ultra-discount chain

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Dollarama Inc.’s food aisles may have expanded far beyond sweet treats or piles of gum by the checkout counter in recent years, but its chief executive maintains his company is “not in the grocery business,” even if it’s keeping an eye on the sector.

“It’s just one small part of our store,” Neil Rossy told analysts on a Wednesday call, where he was questioned about the company’s food merchandise and rivals playing in the same space.

“We will keep an eye on all retailers — like all retailers keep an eye on us — to make sure that we’re competitive and we understand what’s out there.”

Over the last decade and as consumers have more recently sought deals, Dollarama’s food merchandise has expanded to include bread and pantry staples like cereal, rice and pasta sold at prices on par or below supermarkets.

However, the competition in the discount segment of the market Dollarama operates in intensified recently when the country’s biggest grocery chain began piloting a new ultra-discount store.

The No Name stores being tested by Loblaw Cos. Ltd. in Windsor, St. Catharines and Brockville, Ont., are billed as 20 per cent cheaper than discount retail competitors including No Frills. The grocery giant is able to offer such cost savings by relying on a smaller store footprint, fewer chilled products and a hearty range of No Name merchandise.

Though Rossy brushed off notions that his company is a supermarket challenger, grocers aren’t off his radar.

“All retailers in Canada are realistic about the fact that everyone is everyone’s competition on any given item or category,” he said.

Rossy declined to reveal how much of the chain’s sales would overlap with Loblaw or the food category, arguing the vast variety of items Dollarama sells is its strength rather than its grocery products alone.

“What makes Dollarama Dollarama is a very wide assortment of different departments that somewhat represent the old five-and-dime local convenience store,” he said.

The breadth of Dollarama’s offerings helped carry the company to a second-quarter profit of $285.9 million, up from $245.8 million in the same quarter last year as its sales rose 7.4 per cent.

The retailer said Wednesday the profit amounted to $1.02 per diluted share for the 13-week period ended July 28, up from 86 cents per diluted share a year earlier.

The period the quarter covers includes the start of summer, when Rossy said the weather was “terrible.”

“The weather got slightly better towards the end of the summer and our sales certainly increased, but not enough to make up for the season’s horrible start,” he said.

Sales totalled $1.56 billion for the quarter, up from $1.46 billion in the same quarter last year.

Comparable store sales, a key metric for retailers, increased 4.7 per cent, while the average transaction was down2.2 per cent and traffic was up seven per cent, RBC analyst Irene Nattel pointed out.

She told investors in a note that the numbers reflect “solid demand as cautious consumers focus on core consumables and everyday essentials.”

Analysts have attributed such behaviour to interest rates that have been slow to drop and high prices of key consumer goods, which are weighing on household budgets.

To cope, many Canadians have spent more time seeking deals, trading down to more affordable brands and forgoing small luxuries they would treat themselves to in better economic times.

“When people feel squeezed, they tend to shy away from discretionary, focus on the basics,” Rossy said. “When people are feeling good about their wallet, they tend to be more lax about the basics and more willing to spend on discretionary.”

The current economic situation has drawn in not just the average Canadian looking to save a buck or two, but also wealthier consumers.

“When the entire economy is feeling slightly squeezed, we get more consumers who might not have to or want to shop at a Dollarama generally or who enjoy shopping at a Dollarama but have the luxury of not having to worry about the price in some other store that they happen to be standing in that has those goods,” Rossy said.

“Well, when times are tougher, they’ll consider the extra five minutes to go to the store next door.”

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:DOL)

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U.S. regulator fines TD Bank US$28M for faulty consumer reports

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TORONTO – The U.S. Consumer Financial Protection Bureau has ordered TD Bank Group to pay US$28 million for repeatedly sharing inaccurate, negative information about its customers to consumer reporting companies.

The agency says TD has to pay US$7.76 million in total to tens of thousands of victims of its illegal actions, along with a US$20 million civil penalty.

It says TD shared information that contained systemic errors about credit card and bank deposit accounts to consumer reporting companies, which can include credit reports as well as screening reports for tenants and employees and other background checks.

CFPB director Rohit Chopra says in a statement that TD threatened the consumer reports of customers with fraudulent information then “barely lifted a finger to fix it,” and that regulators will need to “focus major attention” on TD Bank to change its course.

TD says in a statement it self-identified these issues and proactively worked to improve its practices, and that it is committed to delivering on its responsibilities to its customers.

The bank also faces scrutiny in the U.S. over its anti-money laundering program where it expects to pay more than US$3 billion in monetary penalties to resolve.

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:TD)

The Canadian Press. All rights reserved.

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