Employer rights Lawyers

Running a business in Quebec means managing people under some of the most protective employment rules in the country. An employer lawyer helps you hire, manage and part ways with employees the right way, so a routine decision does not turn into a complaint, a grievance or a lawsuit. On this page you can compare lawyers who advise employers in Quebec, see their rates and availability, and book a consultation online.

What an employer lawyer does

A lawyer who acts for employers looks at your workplace from the business side. That can mean reviewing your policies and contracts, advising before you discipline or dismiss someone, answering a complaint filed with the CNESST, defending you before the Tribunal administratif du travail (TAT), negotiating with a union, running or reviewing a workplace investigation, and contesting a workers' compensation decision that affects your file.

Employer rights are one part of employment and labour law. For an overview of the whole field, see our page on employment and labour lawyers. If you are an employee who lost your job, the page on wrongful dismissal lawyers is written for you.

Common situations for employers

• Labour standards compliance: checking that wages, hours, overtime, holidays, leaves and notices follow the Act respecting labour standards.
• Dismissing an employee: planning a termination for performance, conduct or business reasons and limiting the risk of a complaint.
• Harassment complaints: adopting a psychological harassment policy, receiving a complaint and handling it fairly.
• Contracts and restrictive covenants: drafting employment contracts, non-competes, non-solicitation and confidentiality clauses.
• Unionized workplaces: certification requests, collective bargaining, grievances and arbitration.
• Workplace injuries: contesting a CNESST decision on an employee's claim, or managing a return to work.

How employer obligations work in Quebec

Labour standards. The Act respecting labour standards sets minimum conditions that apply to most non-unionized workplaces under provincial jurisdiction. You cannot contract out of these minimums, even with the employee's agreement. The CNESST administers the Act, receives employee complaints and can investigate.

Psychological harassment. Every Quebec employer must take reasonable means to prevent psychological harassment, including sexual harassment, and must adopt and make available a policy on preventing harassment and handling complaints. When a complaint comes in, you are expected to act promptly and fairly. A lawyer can draft or update your policy and advise on how to respond to a specific complaint.

Contracts and non-competes. The Civil Code of Québec governs the employment contract. A non-compete clause must be in writing, and it must be limited in time, territory and type of work to what is necessary to protect your legitimate interests (article 2089). An employer that dismisses without a serious reason generally cannot rely on it. Overly broad clauses are often struck down.

Unionized workplaces. If your employees are unionized or a union is seeking certification, the Quebec Labour Code applies. Disputes about the collective agreement go to grievance arbitration, while certification, unfair labour practices and many complaints go to the Tribunal administratif du travail.

Federally regulated businesses. Banks, airlines, interprovincial transport and telecommunications companies follow the Canada Labour Code instead of Quebec labour standards, even in Quebec. A lawyer can confirm which regime applies to you.

Dismissing an employee properly

Terminating employment is where employers most often get into trouble. An employee with enough continuous service can file a complaint for dismissal without good and sufficient cause, and the TAT can order reinstatement or compensation. Under the Civil Code, a dismissal without a serious reason also requires reasonable notice or pay in lieu of notice, separate from the minimum notice in labour standards.

Before you act, a lawyer can help you check the documentation behind the decision, apply progressive discipline where it fits, prepare the termination letter, calculate notice, and decide whether to offer a severance package in exchange for a release. Dismissing someone shortly after a leave, a complaint or a pregnancy announcement carries a particular risk of a reprisal complaint, so get advice first.

Workplace investigations and workers' compensation

When an employee reports harassment, misconduct or a conflict, a fair investigation protects both the people involved and your business. A lawyer can run the investigation, recommend an outside investigator, or review the process and the report before you make a decision.

On the workers' compensation side, the employer is a party to the file. You can contest a CNESST decision accepting a claim, question the link between the injury and the work, or seek a review of how costs are charged to your account. Deadlines to contest are short.

When to get a lawyer

• You are about to dismiss an employee, or have just done so.
• You received a CNESST complaint, a demand letter or a TAT notice.
• An employee filed a harassment complaint, or you have no harassment policy.
• You need employment contracts or a non-compete that will hold up.
• A union is organizing, or you face a grievance or arbitration.
• You disagree with a CNESST decision on a workplace injury claim.

Preparing for your consultation

• The employee's contract, job description and pay history.
• Your policies, including the harassment policy and code of conduct.
• Performance reviews, warnings and notes on any discipline.
• Any complaint, notice or decision you received, with its date.
• The collective agreement, if your workplace is unionized.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec. If your main need is drafting contracts, you can also compare employment contract lawyers.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates, and you can see them before you book. You can also search all lawyers who advise employers or see lawyers in Montreal who advise employers.

Frequently asked questions

How much does an employer lawyer cost?

Each lawyer sets their own rates, which may be hourly, a fixed fee for a task such as drafting a policy or a contract, or another arrangement. You can compare rates on each profile before booking and ask for an estimate at your first meeting.

Can an employee sue my business for stress?

An employee may file a psychological harassment complaint or a workers' compensation claim for a work-related psychological injury, and the route depends on the facts. Having a harassment policy and handling complaints promptly is your best protection. A lawyer can assess your exposure and how to respond.

What is the difference between a labour lawyer and an employment lawyer?

Labour law usually refers to unionized workplaces, collective bargaining and grievances, while employment law covers individual relationships such as contracts, labour standards and dismissals. Many lawyers practise both, so check each profile.

Can I dismiss an employee without a reason in Quebec?

You can end employment without a serious reason, but you must then give reasonable notice or pay in lieu of notice, and an employee with enough service can contest the dismissal. Get advice before you act.

Is a non-compete clause enforceable in Quebec?

Only if it is in writing and reasonably limited in time, territory and type of work. A lawyer can draft one that is more likely to hold up.