Taylor Janis awarded Top Employment Law by Manage HR

Article from the 2023 Manage HR, Canada Special Edition

Taylor Janis, a top-tier stand-alone labour and employment law firm, focuses exclusively on labour, employment, and related litigation law matters. It serves a diverse clientele, including employers, employees, and shareholders, for a wide spectrum of employment and litigation matters like wrongful and constructive dismissals, disability claims, human rights claims, lost wages, overtime claims, contract reviews, and shareholder disputes.

“When organizations make an employment offer, a set of legal documents that outlines the terms and conditions of employment are duly signed. Often a violation of these terms occurs,” says Jonathan Dowhaluk, lawyer and partner, Taylor Janis. “This is where we bring our expertise in helping our clients obtain justice.”

Operating in the industry for more than a decade, Taylor Janis is equipped with the potential to serve dynamic and complex employment litigation matters.

For instance, a company reached out to Taylor Janis when it received a threat of a legal claim, seeking an enhanced wrongful dismissal award for an employee on the basis that the employer had induced the employee to leave their previous job. To prove inducement, the employee would have had to demonstrate that the employer promised them secure, and long-term employment. After a thorough analysis of the contract duly signed by the employee, it was discovered that there was a probationary clause in the original contract. It was argued that a reasonable person in the same circumstances as the employee would have understood the term probation to mean a period of tentative employment during which the employer would decide whether or not to make the employee a non-probationary employee, and therefore the probationary clause, on its face and by its nature, was inconsistent with any inducement or promise of long-term employment. The employee’s claim was dismissed accordingly.

In another instance, Taylor Janis helped an employee get justice for being wrongfully dismissed from her job. The client was dismissed when she revealed to her employer that she intended to take three months of maternity leave. Stating that her situation could not be accommodated, the employer terminated her employment. Taylor Janis filed a human rights complaint against the employer stating that the employee had damages for loss of dignity, pain, and suffering, as well as lost wages and benefits from the time she first experienced the discrimination. Eventually, the employee obtained a just result through a fair settlement offer.

A major challenge Taylor Janis faces is helping unionized employees in lawsuits. Unions are the sole bargaining agent for employees, giving them the freedom to decide whether or not to advocate for an employee. Under the Alberta Labour Relations Code, the union is required to fairly represent the employee, but due to high arbitration costs, unions often elect to neglect this duty, leaving unionized employees with limited options for seeking justice. Due to the difficulties posed in the Labour Relations Code, most lawyers avoid taking on these cases. This is where Taylor Janis, with a team of dedicated lawyers with a diverse background in labour, employment, and general litigation as well as in advocacy, provides assistance.

A typical client engagement at Taylor Janis begins with a paralegal intake review, which involves a confidential one-on-one consultation with the client, followed by a strategy session with the lawyer. From there, it moves on to an in-depth consultation and document review, where the client is given the option of proceeding by way of a contingency agreement or hourly fee.

“We believe that the provision of only contingency fee arrangements can be unfair to clients. As a result, we let them decide what is best and provide objective advice in this regard,” says Dowhaluk. “We strongly believe that providing clients with options and honest advice is essential to building trust and delivering superior services.”

A decade-long history of focused experience empowers Taylor Janis to deal with a broad spectrum of workplace issues pragmatically and adeptly. With a reputation of being a zealous advocate for their clients, Taylor Janis prides itself on providing assistance to those who need it most and ensuring justice is being served.

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