Crangle also advises companies on ways that they can protect themselves from lawsuits started by employees. Employment contract review is a good place to start. What was enforceable 10 or 15 years ago may not be enforceable now. That can leave the company very vulnerable if it has a lot of senior employees. Crangle can review and revise your employment contracts to make the company less vulnerable.
Many companies also make the mistake of asking existing employees to sign a new employment contract. This may happen when the employee gets moved to a different position within the company or if the company realized that the employee is not required to sign an employment contract in the first place. It is also common when a company is sold, that the new owner will want all the employees to sign new employment contracts. There are right ways and wrong ways of asking an existing employee to sign a new employment contract. The new employment contract must give what is known as “consideration”, which is a benefit of some kind to the employee for signing it. If the new contract takes away some right that the employee previously enjoyed, without giving a new benefit to the employee, then the court will likely find that the new contract is unenforceable. If the contract is unenforceable, then common-law severance will apply.
If a company has an employee that complained about being harassed, then the company must take proper steps to conduct a full and fair investigation by taking it seriously and interviewing all the interested parties. Failure to handle this properly may expose the company to liability.
Discrimination complaints under the Human Rights Code are also becoming more common. No company would want to be found to have engaged in discriminatory practices. If a complaint is made to the tribunal and there is a hearing, the decision will be on the Internet. This is not good for the reputation of the company and therefore steps should be taken to put best practices in place to prevent a complaint, and to respond to one properly when there is one.
Crangle also represents companies charged under the Occupational Health & Safety Act.
Whatever your legal needs are, contract Crangle for a free consultation.