Employee Benefits Lawyers
What are my rights?
Some employers provide employees regular benefits (i.e. dental insurance) and fringe benefits (i.e. a cell phone).
Employers have no legal obligation to provide benefits. However, if the employer does provide benefits, it must continue to do so during employment, and any substitutions made by the employer must be minor, otherwise the employee can claim breach of contract or constructive dismissal and demand wrongful dismissal damages (i.e. termination pay in lieu of reasonable notice).
In addition, if an employe is terminated, the employer must usually provide the employee the same benefits he or she would be owed during the entire notice period, or provide pay in lieu of. For example, after an employer lets an employee go, it should offer the employer cash to pay for medical and dental insurance durring the reasonable notice period. This can be as a high as approximately $10,000 per year of notice.
Interestingly, one of the classic ways an employment lawyer gets his or her client out of a termination clause in an employment contract is by arguing the employment contract wrongfully limited the payment or provision of benefits during the reasonable notice period, as doing so goes against employment standards law, and is grounds to void the employment contract.
How can Dutton Employment Law help?
Our employment lawyers can advise whether your employer was justified in taking away your benefits, tell you whether you have a claim for breach of contract or constructive dismissal because of your employer’s unilateral changes to your benefits, and act for you in demanding that your employer maintain your rights or pay you money in lieu.
Dutton Employment Law is an employee benefits law firm.
If your employer has taken away or substantially changed your benefits, your employer has breached the terms and conditions of your employment relationship.
Contact a Toronto employment benefits lawyer today.