Employment Law
Work is a fundamental aspect of human life. Many of us spend a majority of our waking hours at work. The absence of work affects our financial security and sense of self-worth. Conflict in the workplace will understandably result in feelings of anxiousness, dread, terror and despair.
Mark Hamilton has over 20 years of experience handling a wide variety of employment law matters. As the son of a prominent workers' rights lawyer, you might say that employment law is in Mark's DNA. Both during and after law school, Mark worked under the guidance of some of Alberta's most esteemed labour lawyers at the firm of Chivers Carpenter.
Mark has extensive experience in the following areas of employment law:
SEVERANCE AND TERMINATION PAY DISPUTES
After terminating an employee, an employer will typically do one of two things: make a bad offer or make a worse offer. At best, an employer will lowball a worker in the hopes they accept something less than they are entitled to at law. Mark Hamilton can advise whether the severance pay being offered is fair. Invariably, his services will offer value by securing a higher payout upon termination, even after taking legal fees into account.
WRONGFUL DISMISSAL
Wrongful dismissal occurs when an employer terminates an employee without a justifiable reason, and/or without providing adequate severance or termination pay. It is very difficult for an employer to show that a termination was justified, and it is relatively rare for an employer to be able to prove that they had sufficient cause to terminate.
SEXUAL HARASSMENT, DISCRIMINATION AND HUMAN RIGHTS
Sexual harassment, discrimination, and human rights violations are unfortunately all too common, either because an employer is oblivious to the law or because they are acting maliciously towards employees. A common form of discrimination is workplace and sexual harassment. Unwanted sexual advances or innuendo made towards an employee is never justified and may be deserving of sanction by way of significant monetary compensation. Other human rights violations are also compensable, such as discrimination on the basis of disability, age, sex (including sexual identification and preference), and family situation.
EMPLOYMENT CONTRACT REVIEWS
Employees often feel compelled to sign whatever agreement their employer puts in front of them., especially if they are a new employee However, it is important to understand what it is that you are signing. Whether the employment relationship is new or old, there are usually nuanced ways to raise concerns about the terms of an employment agreement without causing friction in the relationship. In many cases, employers have no right to impose new terms into an existing employment relationship. Mark offers one hour consultations to review and advise you on new employment contracts.
NON-COMPETE AND POST-EMPLOYMENT DISPUTES
Employers often try to restrict the employment activities of departing employees, and only rarely will they have a legal basis to do so in any meaningful way. It is important for employees to understand their rights and obligations following the termination of an employment relationship so as to ensure that their new employment activities are conducted reasonably.
DISABILITY DENIALS
If you are unable to work and have been denied long term disability benefits, you can challenge the denial in court. It is all too common for insurance companies to deny benefits as a matter of course in the hope that the decision will not be challenged. If you have been denied the benefits you deserve, contact Mark Hamilton for guidance.