Employment Law
Joyce Weinman’s clients include: dentists, dental hygienists, dental assistants, dental technicians, laboratory owners and other regulated health professionals. Professional health providers working in clinics and offices and laboratories offer unique private employment settings. To avoid legal liability and to protect your interests you must understand your rights and obligations. You must know which current legislation governs your employment relationship.

Are you an employee or independent contractor? And does it matter? Various statutes Employment Standards, Labour Relations Code, workers compensation WSIB and the Income Tax Act have adopted a range of tests to determine whether a person is an employee or and independent contractor. The fourfold common law test : 1. control, 2. ownership of tools, 3. chance of profit and 4. risk of loss is applied by Revenue Canada.

What is the reasonable notice period for termination of an employment relationship? Do the minimum notice periods apply? How is the notice period determined in an employee / employer relationship? Can you contract out of the minimum notice period? What factors bump up or increase the notice periods? Can you sue for breach of contract?

Should you have and employment contract or contract for services?

How can you protect yourself as an employer?

Are non competition and non solicitation clauses enforceable, in Associateship Agreements?

How is pregnancy leave, resignation and parental leave protected under the Employment Standards Act. What are employee rights during leaves?

Have you been sexually harassed? Where can you complain and how will it be resolved.

Joyce Weinman will:

• Review your employment relationship
• Negotiate and draft an associateship agreement or employment contract
• Assess your termination and determine if it was justified, wrongful or constructive
• Obtain a fair severance package or pay in lieu of notice
• Advise how to terminate an employee
• Appear at Employment Standards hearings, appeals and reviews
• Sue or defend an action for wrongful dismissal.