Why do I need legal advice in drafting a benefits plan?
Often, our employment lawyers are asked to help an organization develop an overall compensation package, including employee benefits, although not all employers recognize the value in doing so.
Developing a sound benefits plan can be trickier than it may seem on the surface – in particular, because it’s vital to treat all workers in a category alike, or the business may run afoul of federal or provincial laws and regulations governing pay equity.
Additionally, it is crucial that these benefit plans comply with employment standards minimums, especially in the event of termination without cause – for instance, if an employee is terminated without cause, the employment contract must provide for the continuation of benefits for a specified period after termination. Failing to do so could render the entire termination clause unenforceable, leaving employer liable to for full common law damages in lieu of reasonable notice.
Can an employer change what benefits their employees receive?
Do not try to modify your employees’ benefits plan in any way without speaking to an employment lawyer. Without proper counsel, you may inadvertently expose your company to a claim of constructive dismissal or even human rights damages depending on the circumstances.
Our employment lawyers will counsel you on how to change the terms of your employees’ benefits plans in a way that keeps your workforce happy and will be binding.
Can I dispute an employee’s claim for benefits?
Employers often dispute or deny their employees benefits. Some employees will invariably try to stretch the limits of what the benefit plan covers, or outright lie in an effort to abuse their employer’s good will.
Disputing these claims can be tricky, especially where the employee is claiming to be in difficult circumstances, such as employees who are on long-term disability leave.
Even if you suspect one of your employees may be abusing your benefits plan, do not act without consulting an expert employment lawyer. Even if your suspicions are correct, the process of going about such a challenge can be perilous for employers, who may unnecessarily expose themselves to liability.
Why choose employment lawyers at Levitt LLP?
Our employment lawyers at Levitt LLP are experts in employment law in Toronto, the GTA and across Canada.
You want an employer lawyer who is experienced enough to provide you with sound advice on HR risks, while understanding your business needs and desire to provide your employees with attractive benefits packages.
Do not rely solely on the advice of your benefits provider. Our employment lawyers have special expertise at the nexus of insurance and employment law that is uniquely suited for your need respecting employee benefits. We know the risks that your benefits plan may present because we regularly litigate on both sides of these matters.
Each situation is unique; so talk with one of our employment lawyers in Toronto, the GTA or across Canada to learn about how we can help you reduce the HR risks in your organization.
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