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Workplace Investigations

Jan 27
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Understanding Our Employment Law Intake Process: Common Questions Answered

By Employment Law, Litigation, Workplace Investigations

When reaching out to a law firm about an employment matter, the intake process can sometimes feel overwhelming. Questions like “What is the name of your former employer?” or “What is (or was) your annual wage with this employer?” might feel unnecessary and intrusive. These questions, however, play a critical role in assessing your situation, and help our lawyers determine what available options are worth your time, effort, and resources. Let’s break down some of our common intake questions for employment matters, and explain their significance to our process.

“What is the name of your (former) employer?”

One of the first steps in our process is to conduct a conflict of interest check. As lawyers, we are bound by ethical obligations to ensure we do not represent parties whose interests conflict with existing clients or cases. For example, if we are already representing your employer in an unrelated matter, we would not ethically be able to assist you. Providing the name of your employer ensures transparency and allows us to proceed without breaching this code of ethics.

Rest assured the employer in question will not be contacted by our office about your matter without your consent. Your confidentiality is important to us both morally and ethically as a firm in good standing with the Law Society of Manitoba.

“What was your position with this employer?”

Your job title can provide crucial context about your employment situation. For instance, if you are in a unionized position, you may need to contact your union representative before engaging a lawyer. Unions often have specific protocols and may even offer legal representation as part of your membership.

Additionally, certain positions come with unique legal considerations. Executives or managers, for example, might have signed contracts with restrictive covenants like non-compete or non-solicitation agreements. Understanding your job title helps us tailor our advice and explore the potential avenues for resolving your issue.

“How long have you been employed with the opposing party?” or “What was your annual wage with the opposing party?”

The length of your employment and your annual wage are key factors in assessing your case. For instance, if you were terminated from your job during your probationary period with an employer, there may be limited legal recourse available. Employers often have greater flexibility to terminate employees during this initial period.

Even if you are past your probationary period, the financial aspect is significant. The severance pay you may be entitled to is often calculated based on factors like the length of your employment, your annual income, and the terms of your employment contract. In some cases, the costs of pursuing legal action might actually outweigh the severance amount, and if that appears to be the case, we would much rather let you know before you come in and pay for a consultation.

“Have you signed a written notice of termination?”

This is another question that helps us determine whether legal action is a viable option. If you have already signed a termination notice, your legal options may be significantly limited as many termination agreements include clauses where employees waive their rights to pursue further legal claims. If you signed under duress or without proper understanding, there may still be ways to challenge the agreement.

Closing Thoughts

We understand that losing a job—or facing challenges at work—can be a stressful time emotionally, logistically, and financially. By gathering detailed information at the outset, we can provide realistic advice and focus on solutions that make sense for your specific situation.

If you’re unsure about any part of our process, don’t hesitate to ask for clarification. We’re here to help and ensure you feel informed and supported every step of the way.

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Sep 17
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Workplace Investigation: 5 Reasons to Hire an External Investigator

By Employment Law, Workplace Investigations

Fair and equitable work environments in which all employees can participate and do their best work should be the goal of all employers. As part of that goal, there is a need for accountability by both employees and employers when issues arise in the workplace. That’s where a workplace investigation may be appropriate.

Some allegations of misconduct can be investigated and addressed internally, but there are many situations where employers should consider hiring an external workplace investigator. It is valuable for employers to be aware of when they are unable to handle an investigation. There is no specific list of circumstances to determine when an external investigator should be retained because every situation is unique. Below are some factors and scenarios to consider:

  1. The Allegations Are Serious

When serious allegations, such as sexual harassment or criminal conduct, are made, it is advisable to have an investigator with the necessary legal knowledge, training and expertise handle the matter.

Also, if an employee’s job is at risk, the employer should take the necessary precautions to ensure that a fair and proper investigation is undertaken and the rights of all parties are respected. An external investigator with a background in employment law has the necessary skills to make sure this is done.

  1. Impartiality in the workplace investigation

It is vital that workplace investigations be conducted by an impartial investigator with the necessary knowledge, training and expertise. You want all parties to accept and abide by the recommendations of the investigator. A necessary part of this is for the investigator to appear neutral and unbiased. Hiring an external investigator can shield the employer from claims of bias.

  1. Lack of Time and/or Resources

Conducting a proper investigation takes significant time and resources, which otherwise would be devoted to regular workplace activities. An external investigator will be able to conduct their investigation with only minimal disruptions to the day-to-day operation of the workplace.

  1. Helps to Re-build Morale

Allegations can cause a serious rift in employee relations and workplace dynamics. Employees often feel more comfortable reporting incidents when they feel that their employer takes such allegations seriously. Hiring an external investigator is a way for employers to elevate the trust and confidence their employees have in them.

  1. Prepares for and Simplifies Litigation

Similar to avoiding the spectre of bias, hiring an external investigator can safeguard the investigation against allegations of procedural unfairness. A report by an external investigator can be used as a shield against potential litigation and can be relied on by adjudicators in human rights or employment disputes. This will save all parties time and money in the long run.

For more information, please see our workplace investigations page here.

Katie Brownell is an associate at Wolseley Law LLP where she assists businesses with workplace investigations and other human resources disputes. The information presented in this article is not to be considered legal advice nor fit for any particular purpose. You should consult a lawyer with any questions specific to your situation.
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