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Difference between revisions of "Strategies and Tips for Employment Law (9:VII)"
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Strategies and Tips for Employment Law (9:VII) (view source)
Revision as of 00:02, 30 December 2020
, 00:02, 30 December 2020→Consider Defeating Signed Release Agreements
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 26, 2020}} | ||
{{LSLAP Manual TOC|expanded = employment}} | {{LSLAP Manual TOC|expanded = employment}} | ||
== Gather Evidence == | == Gather Evidence == | ||
Employees who face employment issues should document everything so that they will be able to provide better evidence if the case goes to a hearing or trial. Employees who are dealing with work-related or dismissal-related stress should consider seeing a medical professional as soon as possible, as medical evidence can be extremely helpful at the Human Rights Tribunal and in Court. Medical evidence is often necessary if an employee wishes to make a claim for aggravated damages due to the manner of their dismissal, as only actual losses are compensable under this category of damages. | Employees who face employment issues should document everything so that they will be able to provide better evidence if the case goes to a hearing or trial. Employees who are dealing with work-related or dismissal-related stress should consider seeing a medical professional as soon as possible, as medical evidence can be extremely helpful at the Human Rights Tribunal and in Court. Medical evidence is often necessary if an employee wishes to make a claim for aggravated damages due to the manner of their dismissal, as only actual losses are compensable under this category of damages. | ||
If evidence is in the possession of the employer, consider writing to the employer and asking them to put a litigation hold on all documents generally, and identify specific documents which the employee is aware exist. Warn the employer that if they do not preserve the evidence, you would be asking a court to draw an adverse inference in relation to such evidence if the matter proceeds to litigation. | |||
== Make a claim for EI == | == Make a claim for EI == | ||
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A contract is unenforceable for unconscionability if: | A contract is unenforceable for unconscionability if: | ||
*It is a grossly unfair and improvident transaction; | |||
*The victim did not receive independent legal advice or other suitable advice; | |||
*There exists an overwhelming imbalance in bargaining power caused by the victim’s ignorance of business, illiteracy, ignorance of the language of the bargain, blindness, deafness, illness, senility, or similar disability; and | |||
*The other party knowingly took advantage of this vulnerability. | |||
A contract is also unenforceable if it was entered into under duress. | A contract is also unenforceable if it was entered into under duress. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||