Some firms give advice only to employees, others provide advice exclusively to employers, and some will accept cases from both sides provided that conflict checks are carried out.
Most workers spend the majority of their waking hours at work. As a result, workplace friction is inevitable from time to time, and during economic downturns, many employers’ first reaction is to reduce their workforce. It is often during these challenging moments that people seek the assistance of an employment lawyer at a difficult moment, since you might have been dismissed, given severance, accused of misconduct, or become involved in a workplace dispute. Employers too may need immediate advice when dealing with complaints or when planning a dismissal.
The level of experience on the part of the lawyer as well as his or her method may affect the outcome in the future. A few simple checks will help you to reduce the number of possible candidates.
Consider Specialization
Choose a lawyer who specializes in employment law rather than one who from time to time deals with workplace issues together with other kinds of cases. For employment disputes it is possible to have involved Alberta’s Employment Standards Code, human rights legislation, contracts, common law rules and internal policies at the same time.
Check whether the lawyer handles matters such as:
- Wrongful or constructive dismissal
- Severance package reviews
- Workplace harassment and discrimination
- Employment contracts
- Human rights complaints
- Termination for cause
- Workplace investigations
- Employment litigation
Confirm Representation Type
It is not the case that all employment law firms represent both sides of the workplace relationship. Some firms give advice only to employees, others provide advice exclusively to employers, and some will accept cases from both sides provided that conflict checks are carried out.
A lawyer who acts for both employees and employers will be in a position to understand how each side evaluates evidence, risk, and settlement. However, that does not mean the lawyer is the appropriate person to choose, although it can offer a useful point of view.
Before booking, ask:
- Does the company act as a representative for workers, for employers, or for both?
- Has it given advice to anyone in my situation?
- Might a conflict stop it from acting?
- Does it work with individuals or with businesses similar to mine?
TZ Law provides legal representation to employees, employers, start-ups, and small businesses in Calgary and throughout Alberta.
Check Experience with Cases Similar to Yours
Disputes which seem similar can in fact concern entirely different matters; for example, a case involving the dismissal of an executive may lead to questions regarding bonuses, equity, restrictive covenants, and reputation, while a complaint of harassment calls for a different course of action.
Inquire of the lawyer for some examples of relevant experience that are not confidential. Useful questions include:
- Have you ever come across similar facts?
- Was the issue discussed, settled by mediation, or taken to court?
- What complications commonly arise?
- What documents should I keep?
- Are any due dates approaching?
Previous experience does not mean that your outcome can be predicted; it might indicate that the lawyer is aware of the places where difficulties are likely to arise and which evidence could become important.
Read Reviews and Clients’ Testimonials
It is better to concentrate on the patterns rather than on a single enthusiastic or critical comment, since confidentiality might stop a lawyer from giving a full reply to a negative review and as a result the public record may be incomplete.
Review Fees and Consultations
Before hiring a lawyer, find out about the fees. In different cases the services might be billed at an hourly rate, on a contingency fee basis, by means of a fixed fee, a staged fee, or under some other arrangement.
Request written information covering:
- Hourly rates or contingency percentages
- Any upfront retainer
- Junior lawyer and support staff rates
- Filing, expert, and other expenses
- Taxes
- Billing frequency
- Costs if the matter ends early
A contingency fee is usually deducted from the amount of a settlement or judgment, but this arrangement is not appropriate in all cases. When billing is on an hourly basis, the client pays for the time actually spent working on the case.
TZ Law discusses hourly and contingency arrangements according to the circumstances. Its guide explains how legal fees work, including retainers, disbursements, taxes, and other billing methods. Read the retainer agreement carefully before signing.
Selecting the Right Employment Law Firm in Calgary
While legal knowledge is important, the relationship that develops during the consultation is also significant.
TZ Law provides advice to both employees and employers regarding issues that arise in the workplace in Calgary. The firm gives a free 15-minute assessment of cases and has flexible fee arrangements according to the case.
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