Employment lawyer Peter McSherry is dedicated to ensuring that workers are treated fairly by their employers.
Practicing law in Guelph for nearly 15 years, McSherry has heard his share of employment horror stories.
One case that stands out involves a company that was bought out years ago in late November.
At the time, the manager told the employees that their jobs were safe and that they could celebrate by going out and buying big screen TVs. Then, on Jan. 6, the workers were devastated when they were told that the plant was shutting down.
McSherry said post-Christmas plant closures are not unusual. “Companies would often do their restructuring prior to U.S. Thanksgiving, avoid doing anything in December, and then a lot of terminations come down the pipe in the new year.”
Why restructure this time of year?
For many companies, Dec. 31 is their year end, which means they’re in the process of finalizing budget and sales forecasts for the next year. Also, some managers may not want to ruin people’s holidays by laying them off before Christmas.
McSherry feels that encouraging people to spend when a layoff is looming is cruel. “Giving someone a false sense of security in December causes them to spend more money than they otherwise should if their employment’s precarious.”
What should you do if you lose your job?
McSherry said, “The first thing you should do is stay calm, listen carefully to what you’re being told, don’t agree to anything and then when you have a chance, meet with a knowledgeable employment lawyer.”
An experienced lawyer will evaluate the company’s written offer. They will look at what your entitlements are under the Employment Standards Act and Common Law, to ensure you’re receiving benefits while you search for other employment. McSherry said, “It would be to the employee’s advantage to contact an employment lawyer, if for no other reason than to confirm that what you’re being offered is fair.”
If the employer has made a lowball offer, as they often do, an employment lawyer would attempt to negotiate a speedy and fair resolution. “It’s always best to start off with negotiations and see where it’s going. It’s highly negotiable, and most employees might be surprised they’re entitled to significantly more than what’s in the Employment Standards Act.”
If an employer refuses to negotiate, a lawyer would file a lawsuit to obtain fair compensation. Typically, the courts determine compensation based on age, length of service, the employee’s position, and availability of alternate employment.
Unionized employees have a different set of rights, which include a collective bargaining process and a grievance procedure which can lead to getting your job back, under certain circumstances.
Whether you’re unionized or not, Peter McSherry expects that the pandemic could create some challenges this year. Companies will be looking to the future by hiring people with new skill sets, and parting ways with those workers who do not have those skills and experience.
McSherry added that throughout the pandemic he’s noticed that tough decisions are made faster and executed more quickly, resulting in dislocation and a lot of stress.
To contact Peter McSherry please call (519) 821-5465 or visit: www.petermcsherry.ca.