5 Most Common Types of Employment Law Cases

Sometimes, things can be going great at your place of work and then suddenly, it can all change out of the blue. This can be very worrying, frustrating and incredibly stressful. Your employer may ask you to take a pay cut, something nobody likes.

Sometimes, you go on sick leave, come back, only to be told you have been fired. The same thing with vacations; you go away and come back to a different situation, one which you may not be happy about. You’re suddenly told that your duties have changed and it makes you unhappy and angry, especially the way it was done. There are so many situations like this, so let’s look at some of the things people ask employment lawyers about.

1. Transfer Without Consent

You cannot be transferred unless of course, you have signed a contract that allows your employer to do so. If you know that you did not sign such a contract with this stipulation, then this sort of unauthorized transfer may be considered constructive dismissal.

2. Cancelation / Modification Of Insurance & Pension Benefits

Your employer cannot cancel your insurance benefits or make major modifications unless they give you notice or if your employment contract states that it can be done. If your employee handbook also states that cancelation and modification can be done without notice, than your employer has the right to do so. In regards to pension benefits, it is much more trickier as it is more complex to make such changes.

3. Harassment

Harassment can be in many forms and it also depends on the nature of it, however, human rights legislation protects you from harassment in your workplace by others you work with, whether they are co-workers or others who are higher up. If any form of harassment does occur, then it should be reported to either a supervisor or a manager (it should be in writing). If, on the other hand, the harassment is actually from the supervisor or the manager, then the report should be made to someone who is a higher authority or to Human Resources.

4. Being Fired For Prolonged Sick Leave

If you happen to be on sick leave for an extended period of time, you can be fired. However, the employer has certain obligations to fulfill as well. They will have to consider all the facts regarding your situation and get any medical records that states that you cannot work for the foreseeable future. In this case, you, the employee will most likely receive severance pay and termination pay.

5. Maternity Leave

Many people ask employment lawyers about maternity leave. They want to know if their employer should give them back the position they had before they went on maternity leave. You would indeed be entitled to have the job back if it still exists or at least be reinstated to something similar. But, if the employer can prove that the job no longer exists, for example, if it was done away with for economic reasons, such as downsizing, then your entitlement no longer applies.

Some other concerns that are brought to employment lawyers include the number of letters of warning before being fired and being fired for not hitting sales targets. Because employment lawyers know the ins and outs of employment law, if you are ever worried about your job and what your employer could do, seeking advice from these lawyers is the best thing to do. In fact, it is the only thing to do.