Labour Law
Labour relations are an intrinsic component of a business' operations. As Lecours, Hébert endeavours to accompany its business clients in the entirety of their business relations, we have developed and maintain our expertise in labour law (excluding unionized labour relations). With regards to labour relations with both senior management personnel and salaried employees, our fields of intervention are as follows:
Drafting Contracts of Employment
Contracts of employment within the scope of a business must often include strategic elements. As a function of his position, an employee may have access to sensitive information, be called upon to create intellectual property (like writing computer programs or source codes), have access to the list of clients, etc. Each contract establishing a link of employment must be analysed in a specific fashion, so as to protect the business accordingly. The goal is to identify what is necessary for the business. In order to obtain a well-balanced contract of employment, clauses such as non-competition, intellectual property reserve, non-solicitation and confidentiality can be used as required case-by-case.
Litigation Prevention in Labour Relations
Before dismissing an employee, we recommend an analysis of the situation. Financial and legal impacts are to be appraised in order to identify the best way of severing the employment. In this matter, it is often preferable to prepare the file. In the case of an employee with less than 2 years of seniority, the situation remains simple. However, if the employee has at least 2 years of seniority within the business, it becomes important to analyze whether the recourse to "congédiement" dismissal for cause is opportune, or whether "licensiement" dismissal for an economical or technological reason can be invoked. In the case of a senior manager, the business must evaluate the length of notice that must be given to this employee. In certain situations, our analysis may suggest resorting to a process of gradual sanctions, whether written reprimand of suspension without pay, before dismissing the employee.
Representation Before the Courts
Lecours, Hébert's experience of litigation allows it to represent before the Courts both employers and employees. For management-level employees, the competent Courts are the Court of Québec or the Superior Court, depending upon the amount of the claim. For litigation relative to a salaried employee, the Labour Relations Board is competent.
Thus, Lecours, Hébert‘s lawyers can accompany a business in the management of its labour relations, from beginning to termination, and including, if needed, up to litigation.