Before consulting an employment lawyer, get documents in order

Before consulting an employment lawyer, get documents in order

December 31, 2007

An employee who suddenly loses their job may want to consult a lawyer to ensure they receive everything they’re entitled to, Toronto labour and employment lawyer Stefan Rosenbaum tells AdvocateDaily.com.

That’s especially important if they’re being asked to sign something, adds Rosenbaum, an associate with Shibley Righton LLP.

“If anyone ever asks you to sign anything after you’ve been terminated, you should certainly talk to a lawyer first and get some advice,” he says. “It’s prudent because many people don't realize that there are a variety of issues that could affect the amount of payment they could receive.

Rosenbaum suggests, as a starting point, it would be a good idea to do some research and prepare yourself before retaining a lawyer so that you find the right match — and have reasonable expectations.

If human rights issues are involved, he says it would make sense to connect with an employment lawyer who has experience in those cases, or even one one whose practice centres around it.

Rosenbaum says the right lawyer may find relevant issues that the employee wasn’t aware of or realized were important.

It could also be handy — and may save some money — for the individual to do a little footwork before speaking with the lawyer to ensure a fruitful meeting, he adds.

“I always recommend that before someone even calls a lawyer to collect all the relevant documents, and review them in detail,” Rosenbaum says.

He suggests putting together a work chronology beforehand for the lawyer, which could save significant time. It would include dates, raises, promotions, any disciplinary action and other significant work-related occurrences.

Doing some research will not only help to connect with the right lawyer, will also provide some insight about employment law and what is reasonable for those who have been terminated, Rosenbaum explains.

That research may also indicate a timeline as to when to expect any money that’s owed to the employee. Negotiations may occur quickly with the termination pay following soon after. But if there is a dispute that could end up in court, it may be more than simply a matter of months before payment is issued.

Many people don’t realize that they shouldn't treat the termination period like an extended vacation — they are expected to look for work, Rosenbaum says. If the individual is looking for money from the employer to cover salary over a period of time while unemployed they need to demonstrate that they’ve been hitting the pavement.

“There’s a requirement that when you’re dismissed or terminated that you must mitigate your damages, in other words, that you started looking for employment,” he says. “Many people don’t know this, but the employer can use their inaction to discount the amount they would be responsible for.

“What I recommend is that you do start looking for work, and you start creating a file immediately,” Rosenbaum says.

That file would not only include all the pertinent work details, it would document all job-search efforts to prove there were attempts to secure work, he says.