The Benefits of Legal Advice in Employment Disputes
posted in: Employment
Employment disputes can vary drastically in their level of complexity. Whether you are an employee or an employer, it is helpful to have experienced legal representation that can review your dispute to avoid common pitfalls and mistakes. Sometimes employers and employees can consider representing themselves in an employment dispute to save money on legal fees, but this can end up costing them more in the long run.
This is particularly true when dealing with the very fact dependent analysis of issues such as constructive dismissal and federal/provincial jurisdiction.
Here are some reasons why both employers and employees should seek advice before representing themselves in legal employment dispute.
Reasons Why Employers and Employees Should Seek Advice in Legal Disputes
- Cost Penalties: In complicated employment disputes, employers who are not familiar with the legal process may not be able to identify or present their evidence effectively. This can result in a loss of the case, which can expose both employees and employers to adverse cost awards.
- Missed Limitation Dates: There are various different time-limits in which employees must make a claim. This includes a time limit of only 90 days for certain remedies available to federally regulated employees. Legal advice can help you identify and abide by these time limits.
- Incorrect Jurisdiction: The dividing line between federally and provincially regulated employment can be difficult to identify. If the incorrect jurisdiction is identified employees might lose their remedy because they have made a complaint in the wrong forum, and employers might find themselves running afoul of rules which they didn’t believe applied to them.
- Emotions: It is natural for parties to feel emotional about a dispute; however it is difficult to make good decisions if you let your emotions guide you. Part of a lawyer’s job is to distance your decisions from your emotions and to focus on costs and benefits of your claim to ensure that remedies are maximized and expense is minimized.
Working with an Employment Lawyer
In conclusion, both employers and employees should consider speaking to a lawyer to discuss their legal employment dispute. A lawyer can provide legal guidance and representation to avoid these risks. Even if they are not retained, a consultation with a lawyer can identify when self-representation might be appropriate and allow plaintiffs to pursue that with greater confidence.
If you are an employee or employer seeking legal advice regarding a legal dispute, contact the Employment Law Team at KMSC Law today.