Having an Employment Lawyer Makes All the Difference
By Daniel Sorensen & Lawrence Smith
Recently, the National Post ran an article about the case of Fredrickson v. Newtech Dental Laboratory Inc., 2014 BCSC 335. The article provides details on the Newtech Dental case, which dealt largely with the issue of whether an employee has a legal duty to minimize their loss by accepting employment with their former employer.
The article goes on to list a number of lessons from the case, and it stresses the importance of having proper legal counsel. The article states:
Invest in an employment lawyer The B.C. court noted that Newtech had initially and inappropriately relied on advice from officials at the Ministry of Labour who are not equipped to deal with all of the dimensions of the employment relationship. All they can advise upon are the minimum standards.
Interestingly enough, the lawyer referred to in the article is actually Lawrence Smith of Sorensen Smith LLP.
Although the above quote makes reference to the employer obtaining legal advice, it is equally important for employees to get legal advice.
Often times, employees are not fully aware of their rights. Unfortunately, it is not unusual for employees to look at the Employment Standards Act or other legislation, and think that what is written in the legislation is all that they are entitled to. Frequently, employees will be entitled to more than what is set out in the Employment Standards Act. This can be especially true with respect to severance pay when employees are let go or fired.
Additionally, employees should be aware that there are timelines for them to pursue their claims. If a claim is not diligently pursued, then an employee could lose their claim. An employment lawyer can advise you of the timelines applicable to your matter.
If you are an employee with a claim against your employer or former employer, contact us today to schedule a consultation.