Windsor-Essex County Workplace Reorganization Lawyers
Workplace reorganizations have become increasingly commonplace in an ever-changing economic, employment, and business landscape. A period of restructuring can help companies optimize and streamline their business processes while also re-evaluating operational and staffing requirements.
Willis Business Law provides top-tier workplace reorganization services to businesses of all sizes in Windsor-Essex County and the surrounding areas. The firm’s skilled employment lawyers work closely with employers in both the private and public sectors and offer comprehensive guidance on the restructuring process to companies across a variety of industries. Willis Business Law helps clients navigate their changing operational needs while reducing their exposure to liability.
What Does a Workplace Reorganization or Restructuring Entail?
Workplace reorganization or restructuring is the process of re-evaluating the employment structure of a business, including staffing levels, workplace policies, and employment contracts. Many workplace reorganizations will include the creation or elimination of jobs or departments.
Workplace reorganizations are, in many cases, a necessary part of a substantial change in a company. For example, a reorganization may be part of a merger with or acquisition of another business, the amendment of the company’s corporate structure, or the downsizing or winding up of parts of a business’ operations.
What Liabilities Can Arise During a Workplace Reorganization?
Layoffs and job elimination, if not handled properly and in compliance with all applicable employment laws and standards, can give rise to costly wrongful dismissal claims. Even restructuring an employee’s job duties, contract, or workplace without their termination can lead to claims of constructive dismissal.
If mishandled, termination letters and severance agreements (including any restrictive covenants, such as non-compete or non-solicitation clauses) can also give rise to litigation and costs orders by a court. Having a knowledgeable employment lawyer handle all steps of the reorganization process can help employers avoid potential legal and financial pitfalls.
What Types of Workplace Reorganization Actions Can Give Rise to Wrongful/Constructive Dismissal Lawsuits?
Workplace reorganizations can involve a number of employment or staffing changes that, if not handled with care, could result in numerous employee lawsuits – particularly for wrongful or constructive dismissal. Some examples of potential risk include:
- Terminating an employee’s employment without adequate notice (or pay in lieu thereof);
- Failing to provide or pay out benefits, vacation pay, leave entitlements, or other employee rights under applicable provincial or federal employment legislation (including the Employment Standards Act of Ontario);
- Changing existing employees’ job descriptions or duties;
- Adding responsibilities to roles without extra compensation;
- Forcing employees to relocate;
- Lowering or amending employees’ rate of pay or pay structure;
- Changing hours of work/work shifts/work schedules or dropping an employees’ employment from full-time to part-time/casual;
- Unilaterally amending existing, signed employment agreements; or
- Any other change that substantially alters the employee’s work situation.
Note that in addition to lawsuits based on wrongful or constructive dismissal, employees may, in some circumstances, be able to file other types of claims, including employment standards claims or human rights complaints.
How Can an Employment Lawyer Help My Business Through a Workplace Reorganization?
Having an experienced employment lawyer guide your business through a reorganization or restructuring is critical to ensuring a smooth transition, limiting liability, and avoiding unnecessary costs.
The employment law team at Willis Business Law provides comprehensive workplace reorganization services that proactively address a myriad of issues. The firm ensures that employee restructuring, layoffs, and terminations are handled in compliance with all legislative requirements to minimize the risk of lawsuits and employment standards claims.
The extensive workplace reorganization services offered by Willis Business Law include, but are not limited to:
- Drafting and reviewing termination letters and any other communications to employees;
- Drafting and reviewing severance offers and agreements to ensure all benefits and payments are in compliance with the requirements of the Employment Standards Act and governing case law;
- Preparing non-disclosure agreements and other restrictive contracts upon termination, including non-competition and non-solicitation agreements;
- Creating and assessing restructuring plans, including department downsizing or expansion options;
- Negotiating and/or mediating disputes with employees and their legal counsel to reach timely and cost-effective resolutions;
- Creating and reviewing consultant and independent contractor agreements to ensure workers’ legal statuses are correctly classified; and
- Documenting proposals, communications, and legal considerations to help establish robust legal defences in the event of future litigation.
Willis Business Law: Providing Innovative Workplace Reorganization Services to Employers in Windsor-Essex County
The highly-knowledgeable employment lawyers at Willis Business Law provide expert business law and employment law advice to employers across Windsor-Essex County, including private and public sector institutions. The firm’s lasting relationships with clients and dedication to the community enable the firm to understand the unique needs of businesses in Windsor-Essex. The employment law group works collaboratively to develop modern restructuring solutions that support clients’ success.
Willis Business Law is based in the heart of Windsor’s financial district and conveniently located close to key buildings, including the courthouse and government offices. To schedule a confidential consultation with a talented employment lawyer, please contact the firm online or by phone at 519-945-5470.