Businesses
The advice that you get today can determine the success of your business tomorrow. We’re the experts that understand your business, and we think with your interests first.
Serving Businesses
Strategic Advice
We take a strategic approach to your employee issues and always take the long view. Our advice allows you to make informed decisions both to deal with immediate problems, and to keep things running smoothly for the long haul.
Fearless Litigation
A lawsuit should never be the first line of defense, but if it happens we won’t hesitate to defend your position at every level of Court or Tribunal. We’ll always provide you with options so that you can choose your next move.
Lasting Partnerships
Our clients view us as their partners for good reason. We don’t ever want you to hesitate to pick up the phone with a quick question. Knowledgeable, trusted advice today helps build a solid foundation for those partnerships, and we’re honoured when you proudly tell your colleagues you’re working with Treiber Law.
Book a Consultation
Treiber Law can assist businesses with:
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Employment Standards Legislation Compliance
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Contract Drafting
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Policy Drafting
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Workplace Reviews
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Hiring Practices
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Workplace Investigations
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Termination Advice
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Wrongful Dismissals
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Unjust Dismissals
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Constructive Dismissals
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Human Rights Applications
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Litigation Before the Ontario Labour Relations Board
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Misclassification
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Advice Related to Unionized Workplaces and Collective Agreements
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Collective Bargaining
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Grievance Arbitrations
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Occupational Health and Safety
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Defence to Class Actions
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Transactional Advice.
Frequently Asked Questions
Businesses
This is where you will find most answers. If there should still be any questions left, don’t hesitate to contact us.
Most likely yes, but what you owe an employee can depend entirely on the circumstances. Except for very extreme cases, you are going to owe that employee at least their minimum amounts at law, usually found within the Employment Standards Act in Ontario. However, unless your contract strictly states otherwise, you may owe them additional amounts as well. We would be happy to review the case with you and help you craft your exit package.
If you’ve hired an employee without a written contract, there is still a verbal contract in place, except that verbal contract does little to protect your business. A written contract gives both you and your employee a sense of certainty, but it can also contain terms that protect your business. If you have to let that employee go, clearly-written language can save you months’, or even sometimes years’, of termination pay.
An employee handbook or policy manual should not sit in a drawer and collect dust. An employee handbook is where you as the employer get to set out your expectations for your employees. They should always be kept up-to-date, as we saw when employers scrambled to craft remote work policies during lockdowns. Most importantly, though, they can also contain language that allows you to discipline or even dismiss employees for failure to follow the rules.
If an employee just stops showing up to work, that can be considered job abandonment, but you have a lot of questions to ask first. If their absence relates to a protected leave, or a medical or mental health issue, then you need to make your next moves very carefully. However, if none of those things are there and they simply stop showing up, you may be able to end their employment easily. We can help assess the circumstances and decide what to do next.
No, and if an employee is not working out it may make sense to end things earlier rather than later. You need to give an employee a fair chance to succeed, even if their contract has a clause about probation. Yet if someone is not responding to training or truly not working out, crafting an exit package early can save that person from poisoning the waters, or making mistakes that cost the company money.
Workplace investigations are legally required in some cases but there is no one-size-fits-all approach. For small incidents you can likely address them in-house, but for bigger allegations you may need to bring in somebody external. Investigations need to be fair and impartial and done correctly to protect the business. We can definitely help connect you with an investigator and support you through that process.
No, and often it’s better to say less. In Ontario, employers can let go of an employee at practically any time for practically any reason, so long as they are offered the proper termination and severance. You cannot fire an employee for discriminatory reasons, such as their race, sexual orientation, disability, or family status. However if someone is simply not the right fit, or not working out as expected, you are allowed to make that business decision.