Best Hiring & Firing Lawyers in Unity

About Hiring & Firing Law in Unity, Canada

Unity, located in Saskatchewan, Canada, follows both provincial and federal laws that regulate the employment relationship between businesses and workers. Hiring and firing are governed by guidelines designed to ensure fairness, prevent discrimination, and protect the rights and responsibilities of employers and employees. Employers must adhere to proper procedures during recruitment, onboarding, performance management, and termination processes, while employees are entitled to certain protections regarding notice, wages, and workplace standards.

Why You May Need a Lawyer

Several situations might warrant seeking professional legal advice regarding hiring or firing in Unity, Canada. These include:

• Unclear employee contracts or policies
• Allegations of wrongful dismissal or unfair termination
• Layoffs or mass terminations
• Disputes over severance pay or notice periods
• Claims of workplace discrimination or harassment
• Issues related to employment standards, such as overtime or vacation pay
• Concerns involving workplace accommodations or human rights

Legal guidance can help employers ensure compliance and defend their actions, while employees can receive support if they believe their rights have been violated.

Local Laws Overview

Hiring and firing in Unity are principally governed by Saskatchewan’s Employment Standards Act, 2019 and the Canadian Human Rights Act (for federally regulated employees). Some of the key aspects include:

• Employment Contracts: While not always required in writing, clear terms regarding duties, pay, and termination are highly recommended.
• Termination: Employers must provide written notice or pay in lieu of notice based on the employee's length of service, unless the dismissal is for just cause (serious misconduct).
• Severance: Employees may be entitled to severance or compensation, especially after long-term service or in cases of group terminations.
• Discrimination: Hiring and firing decisions cannot be based on race, gender, age, disability, religion, or other protected grounds. The Saskatchewan Human Rights Code enforces these protections.
• Accommodations: Employers have a duty to accommodate employees with disabilities to the point of undue hardship.
• Record-Keeping: Employers must keep accurate records of employment, wage payments, and termination details.
• Probation: Saskatchewan law allows a probationary period of up to three months, during which notice requirements may not apply for termination.

Frequently Asked Questions

Is written notice required to terminate an employee in Unity?

Yes, unless the dismissal is for just cause, employers must provide written notice or pay in lieu of notice in accordance with Saskatchewan’s Employment Standards Act.

What is considered “just cause” for dismissal?

Just cause generally involves serious misconduct, such as theft, dishonesty, insubordination, or repeated breaches of workplace policy. Employers should consult a lawyer to determine if just cause exists.

Can I be fired without warning during my probation period?

During the first three months of employment (probation), employers are not required to provide notice or pay in lieu of notice for termination.

Are employers required to provide severance pay?

While not all terminations require severance, employees terminated without just cause may be entitled to compensation according to employment standards or their contract.

Can I be fired for filing a complaint about workplace harassment?

No. Saskatchewan law protects employees from retaliation for making workplace harassment or discrimination complaints.

What protections exist against discrimination during hiring?

Employers cannot refuse to hire based on race, gender, age, disability, religion, or other protected characteristics under the Saskatchewan Human Rights Code.

Are employers required to accommodate disabilities?

Yes, employers must accommodate employees with disabilities unless doing so would cause undue hardship to the business.

How much notice must I give my employer if I resign?

Employees with at least 13 weeks of employment are required to give at least two weeks’ written notice when resigning.

What records must employers keep regarding hiring and firing?

Employers must maintain accurate records of wages, hours worked, leave, and any details related to hiring and dismissal for set periods as prescribed by law.

What should I do if I feel I was wrongfully dismissed?

You should seek legal advice promptly, keep all relevant documentation, and consider filing a complaint with Employment Standards or pursuing a claim through the courts or the Saskatchewan Human Rights Commission.

Additional Resources

Here are some useful organizations and agencies for help with hiring and firing issues:

• Saskatchewan Employment Standards: Offers guidance on minimum employment standards and processes complaints.
• Saskatchewan Human Rights Commission: Handles workplace discrimination and accommodation issues.
• Canadian Human Rights Commission: For federally regulated employers and employees.
• Public Legal Education Association of Saskatchewan (PLEA): Provides easy-to-understand information and resources on employment law.
• Local community legal clinics: May offer free or low-cost legal advice for qualifying individuals.

Next Steps

If you think you need legal assistance with a hiring or firing issue in Unity, Canada, consider the following steps:

• Gather documentation: Collect all relevant documents such as contracts, emails, termination letters, and records of communication.
• Review your employment contract and company policies: These may outline key procedures and notice requirements.
• Contact appropriate agencies: Reach out to Saskatchewan Employment Standards or the Human Rights Commission for guidance or to file a complaint if needed.
• Consult a local lawyer: Seek advice from an employment law specialist to discuss your specific situation and clarify your rights and obligations.
• Take timely action: Employment disputes often have strict deadlines for seeking remedies or filing complaints, so do not delay.

By understanding your rights and responsibilities, and seeking reliable legal guidance, you can address hiring and firing issues effectively and ensure fair treatment in the workplace.