Employment litigation is a scary concept for many.
Whether litigation is meant to go to courts or to the Ontario Labour Relations Board, the process often starts with a demand letter.
Employers receive demand letters from employees for various reasons, some with merit, and some without. Negotiation and settlement are predicated on a number of factors, including the company’s bottom line, risk exposure, and precedent-setting, among other factors.
Most of the time, the decision to negotiate and to what extent will depend on personal factors that are only known to you.
Sometimes a breakdown in the employment relationship that results in a demand letter simply comes from hurt feelings and uncertainty in the future of employment. A thorough understanding of these causes of employment litigation is critical in resolving matters once the demand letter has been received.
A demand letter is often an invitation to have a conversation regarding the end of the employment relationship. Deft handling of the issues at play can enable a negotiated outcome that addresses a former employee’s concerns whilst protecting the goodwill that companies strive to develop with their other employees.
Having lawyers in your corner that possess the skill to craft offers tailored to drive settlement and conclude litigation when necessary, and go through with trial when the circumstances arise, is invaluable.
Our lawyers understand the risks inherent in litigation both for employers and employees. This allows our firm to act decisively to manage settlement opportunities in the litigation process. We will advise on gathering document obligations and strategies to facilitate resolution, whichever side you are on.
Practical experience during employment litigation allows for managing legal costs in a way that maintains the company’s target in terms and deadlines and the bottom line.