Employment, Investigation, and Risk Management

We act for employers and employees to assist with issues relating to an individual’s departure or termination. We often seek to resolve employment disputes such as severance and compensation amounts or post-employment obligations without litigation where possible. Yet we are ready, willing, and able to represent our clients before the courts to obtain a fair outcome where necessary.

Aitken Legal has specific expertise relating to emergent workplace situations relating to suspected fraudulent activity, the misappropriation of secret or confidential information, or unfair competition by departing individuals and their new employers or business partners. The investigation and any pre-termination disciplinary actions relating to such potential misconduct have permanent legal ramifications. We therefore recommend pre-emptive guidance through this process wherever possible. Our role may include liaising with other experts in the fields of forensic accounting or information technology to assess and mitigate the situation. 

It is, where possible, better to put systems in place to ensure that legal rights exist and are readily enforceable and to prevent inadvertent disclosure than to try and repair the damage that has already occurred. Acting on a consultancy or project basis provides value by allowing us to bring our legal expertise to bear in tandem with interfacing with an organization’s personnel and departments. This will enable us to liaise with the people involved to accurately assess the system in question, recommend best practices that can match actual implementation, and provide educational material or personal instructions to the individuals tasked with maintaining the system. The goal is to close the gap that too often exists between legal advice, written contracts and policies, and actual implementation on the ground.