Employment Law
What We Do
Our lawyers serve employers and employees across multiple industries in British Columbia from the natural resource and retail sectors to large institutions and companies in the technology and intellectual property sectors. We address issues that span every aspect of the employment relationship from hiring agreements and workplace policies, employee retention and compensation issues through to termination and enforcement of contractual rights. Whether you need advice on business set-up, consulting on a new initiative, problem-solving for specific issues, or representation in a dispute we can help. We will evaluate your immediate needs in the context of your long-term goals and outline options to meet your strategic objectives.
We believe in proactive workplace organization. As a result, we offer customized service packages designed to help clients build effective and integrated human resource strategies. Similarly, we believe in giving you options when it comes to strategic planning and problem-solving. Litigation is not the only (or always the best) way to resolve a problem in the employment law context. Our lawyers are skilled in both alternative dispute resolution and litigation to give you optimum flexibility. Part of our commitment to helping clients manage change includes offering periodic employment law seminars on developments in the employment law context that may impact the way they do business.
Legal Services
For Employers
Our flexible service packages include components and tools that address:
- Hiring – Negotiation and drafting: offers of employment, employment agreements and consulting contracts, assignments of intellectual property rights, as well as confidentiality, non-competition and non-solicitation agreements.
- Workplace Policy & Procedure – Best practices to handle matters including: employee file management, privacy law compliance, job evaluation, duty to accommodate, harassment complaints and conflict resolution, compensation and vacation calculation issues, absenteeism, and other employment relationship issues.
- Retention, Compensation & Benefit Strategies – Development and drafting of: benefit and incentive plans, phantom share and performance based bonus policies, stock ownership and stock option plans.
- Severance, Layoff & Termination – Evaluating whether the “just cause” standard has been met, developing appropriate severance and termination packages, how to handle corporate restructuring and layoffs, negotiating and drafting employee releases.
- Dispute Resolution & Litigation – Defending constructive and wrongful dismissal claims, investigating complaints and managing the resolution of workplace disputes. Our lawyers frequently provide advice and representation in settlement negotiations, mediations and arbitrations, as well as representing clients before employment law tribunals (e.g., Employment Standards Tribunal, Employment Insurance Board of Referees and Umpire, the B.C. Human Rights Tribunal) and in the British Columbia courts.
We offer consulting packages designed to help human resources professionals manage their legal obligations including advice and strategy on:
- compliance with employment law statutes and regulations
- drafting agreements, policies and procedures
- timing, calculation and right to vacation pay, sick leave and disability benefits
- initiatives to curb absenteeism or deal with problem employees
- graduated return to work programs
- workplace conflict resolution
- investigation of complaints and disciplinary matters
- documentation of workplace performance issues and evaluation of whether a pattern of conduct or a discrete event constitutes “just cause” for dismissal
For Employees
We assist clients to evaluate their contractual rights and obligations as well as explaining the express and implied rights and obligations that arise due to the nature of the employment relationship. We also represent them during negotiations, in alternative dispute resolution venues and in the courts where appropriate. We act for clients at the hiring stage providing advice on the negotiation and consequences of employment agreements and we offer consultation and representation when disputes arise (e.g., alleged workplace discrimination, wrongful or constructive dismissal claims).
We advise clients on the options available to enforce their rights. This ranges from providing support and guidance where clients wish to represent themselves to representation in alternative dispute venues like negotiations, mediation and arbitration and formal venues like employment law tribunals and the courts.
For assistance please contact one of our Employment Laws lawyers:
We have also provided a summary of some Notable Human Rights and Employment Law cases in which Richards Buell Sutton LLP has served as counsel along with seminar papers presented by our employment law lawyers.
Employment Law Newsletter:
- March 2010 - Duties Owed by Departing Employees
- January 2010 - Retirement Age: Update
- March 2009 - Employment Insurance Work Share Program
- October 2008 - Employees Beware: Refusing an Offer to Return to Work for Your Former Employer May Constitute a Failure to Mitigate.
- February 2008 - The New Age of Retirement
Employment Law Seminar Papers, June 1, 2006:
- Employment and Independent Contractor Agreements
- Introduction to the Employment Standards Branch
- Constructive Dismissal
- Cause for Dismissal
- Damages for Wrongful Dismissal


