how an employment lawyer can help small business article

How Can an Employment Lawyer Help Your Small Business?

Operating a small business has many challenges, from operating with small budgets to attracting new business. We often hear feedback from potential clients that they are “just a small business”, and therefore they do not require our services.

But is this the case?

Small businesses and start-ups are in a position to set up the framework through which they will be operating, including the recruitment process, training, employee management, and terminations. When it comes to managing employees in the workplace and all the elements that come along with it, small businesses often take it upon themselves to “get by” by finding templates for employment agreements and workplace policies online.

While this appears to be a cost-effective way of managing employment agreements and workplace policies, it opens the employer up to considerable liability, resulting in much higher costs down the line when faced with litigation.

How Can an Employment Lawyer Help Your Small Business?

Investing in legal advice is investing in your business’s future. From drafting employment contracts to navigating workplace disputes and ensuring compliance with employment laws, an employment lawyer is a crucial asset for any small business. Achkar Law specializes in providing tailored legal solutions that protect your business and support its growth. Let us help you build a strong legal foundation for your business to thrive on.

How Can an Employment Lawyer Limit My Liability?

Effective and enforceable employment agreements and workplace policies have the potential to limit the employer’s liability when it comes to wrongful dismissal claims.

A properly drafted employment agreement, for example, allows the employer to limit their notice requirements, or pay-in-lieu, to the minimum standards required by the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). Otherwise, they would open themselves to common law notice requirements, where notice requirements are far greater than those established by the ESA.

Similarly, workplace policies that are found to be unenforceable or improperly drafted may open the employer up to liability for wrongful dismissal or even human rights complaints. If an employee is dismissed for violating a workplace policy that is not enforceable, that employee was effectively dismissed for invalid reasons.

How Can Valid Employment Agreements and Workplace Policies Help My Small Business?

Having enforceable employment agreements and workplace policies in place help small businesses in various ways. Some of the benefits include:

  • Limiting liability for litigation, including wrongful dismissals
  • Clear communication to employees of duties and expectations
  • Assist employers with forming their internal culture
  • Clear understanding of internal policies, procedures, and processes

Seeking the advice of a competent and knowledgeable employment lawyer can assist small businesses in limiting their liability and ensuring that the proper processes and procedures are set in place.

An Employment Lawyer for Small Businesses

In business operations, small enterprises often face unique challenges in navigating employment laws and regulations. An experienced employment lawyer can be a crucial ally for small businesses, offering specialized assistance that goes beyond mere legal compliance. Here’s how an employment lawyer can contribute to the success and sustainability of a small business:

Legal Compliance and Risk Mitigation: Employment laws are complex and can vary at federal, provincial, and municipal levels. An employment lawyer ensures that your small business adheres to all relevant regulations, minimizing the risk of legal issues such as wrongful termination or discrimination claims.

Drafting and Reviewing Employment Contracts: Tailored employment contracts are essential to protect both employers and employees. An employment lawyer can assist in drafting, reviewing, and updating contracts to ensure clarity, enforceability, and alignment with current legal standards.

Dispute Resolution and Mediation: Should conflicts arise in the workplace, an employment lawyer can guide the resolution process. They may use mediation or alternative dispute resolution methods to efficiently address issues, preventing costly and time-consuming litigation.

Policy Development: Crafting effective workplace policies is essential for maintaining a healthy and compliant work environment. An employment lawyer can help develop policies that align with legal requirements and best practices, covering areas such as harassment, discrimination, and employee conduct.

Employee Handbook Creation: A comprehensive employee handbook sets expectations and provides guidance on company policies. An employment lawyer can assist in creating a handbook that not only complies with the law but also reflects the specific needs and values of the small business.

Training and Compliance Programs: Staying informed about legal changes and ensuring that employees are aware of their rights and responsibilities is crucial. Employment lawyers can develop training programs to educate both employers and staff, reducing the likelihood of legal disputes.

Representation in Legal Proceedings: In the unfortunate event of a legal dispute, having an employment lawyer ensures proper representation. Whether facing a labour board hearing or a lawsuit, an experienced lawyer can advocate for the small business and protect its interests.

Advisory Services: Offering ongoing advice on employment-related matters, an employment lawyer can serve as a valuable consultant for small businesses, providing strategic guidance to navigate the complexities of employment law.

Collaborating with an employment lawyer is an investment in the long-term success of a small business. Their expertise can safeguard the business from legal pitfalls, foster a positive work environment, and contribute to sustainable growth.

Related Topics

Quick Guide for Employers: Interviews, Hiring and Firing

Choosing a Workplace Lawyer in Ontario

Obligations To Employees During A Sale Of Business In Ontario

Contact Achkar Law

If you are an employer who is a small business and is considering having your employment agreements and workplace policies reviewed or drafted, our team of experienced workplace lawyers at Achkar Law can help.

Contact us by phone toll-free at 1 (800) 771-7882.

How Can an Employment Lawyer Help Your Small Business?

Investing in legal advice is investing in your business’s future. From drafting employment contracts to navigating workplace disputes and ensuring compliance with employment laws, an employment lawyer is a crucial asset for any small business. Achkar Law specializes in providing tailored legal solutions that protect your business and support its growth. Let us help you build a strong legal foundation for your business to thrive on.