EMPLOYMENT LAW

Who Do We Help?

Experiencing a workplace issue related to termination of employment, compensation, severance pay, disability, harassment, discrimination, contracts, or resignations? We can help! Although we occasionally provide legal advice to employers, we focus on helping EMPLOYEES.

Unfortunately, we cannot assist unionized employees. Union rights are the responsibility of unions and governed by your collective bargaining agreement.

What Do We Help With?

Uncertain about whether you require legal assistance for an employment law dispute? Here are some of the questions and legal issues we can assist you with:

Have I been wrongfully dismissed?
I’ve been terminated by my employer. What does my employer owe me?
Is my severance package fair?
Should I sign a release?
Can my employer make a unilateral change to my employment?
What is a constructive dismissal?
Can my employer terminate me for just cause?
What can I do if I face workplace discrimination or harassment?
What can I do if my employer is not accommodating my human rights?
What if my employer says I’m an independent contractor instead of an employee?
Should I sign a new employment contract?

How Can We Help?

We offer free telephone or video consultations. It is important to have your employment contract, if you have a written one, handy. Thirty minutes or so is usually long enough for us to form an opinion about whether it’s worthwhile to retain us to help. The consultation is confidential and subject to solicitor-client privilege, even if you do not formally retain us.

In some employment cases, we offer contingency retainer agreements – you don’t pay until/unless we recover money, or additional money, on your behalf. In most cases, however, it makes more sense to retain us to negotiate a fair resolution without issuing a lawsuit. You should always hire a lawyer willing to take the dispute to court if your employer is NOT recognizing your legal rights or willing to pay you what you’re entitled to. We do that too.

If you feel something isn’t right or are unsure of your employment law rights with respect to any of the above or additional areas, please reach out to our team before making any decisions or taking any action.

Frequently Asked Questions About Employment Law

What is Wrongful Dismissal?

A “wrongful dismissal” occurs if your employer terminates your employment without adequate notice, or adequate pay in lieu of reasonable notice.

An employer cannot terminate an employee for grounds set out under the Human Rights Code. If they do, an employee may be entitled to additional money, over and above the amount they are entitled to for pay in lieu of reasonable notice.

What is Constructive Dismissal?

A constructive dismissal occurs if an employer makes a fundamental change to the terms of your employment without your agreement. If this occurs, an employee may assert a wrongful dismissal claim. An employee can be constructively dismissed even if there is no reduction in pay. One example would be a demotion without corresponding pay decrease.

If you think you have grounds to assert a constructive dismissal and/or you do not agree with changes being made to your employment, it is important to seek legal advice as soon as possible.

What is Termination for Cause?

Termination for “cause” or “just cause” occurs where an employee is terminated based upon misconduct severe enough that the courts agree the employee is not entitled to reasonable notice or severance pay.

Termination for cause or just cause is a very high threshold. The courts have held that termination for cause is akin to the “capital punishment” of the employment relationship and should be reserved only for the most serious misconduct. An isolated incident or even a series of incidents or poor performance is not usually enough to terminate an employee without reasonable notice or pay in lieu of reasonable notice.

What Does It Mean If My Employer Suggests a More Than Fair Severance Package?

Some employers will tell you the severance package being offered is more than fair under when it is more than they are required to pay under the Ontario Employment Standards Act. Many times, employers ask an employee to sign a release within a few days, or risk losing the so-called “additional amount” being offered. It is important to know that the Employment Standards Act sets out only the minimum notice or pay in lieu of notice employees are entitled to. In many cases, employees are entitled to a much higher amount based upon common law (judge made law). You should be wary if an employer says it will reduce the amount it will pay you if you do not sign a release by a deadline. In many cases, an employer is not offering “additional” money just to be nice. It is usually because they know an employee is entitled to the amount, and they could be simply trying to pay less.

What Factors Limit an Employee's Legal Grounds for Recovery?

There are some limitations on the amount an employee may recover. Over and above the Employment Standards Act minimums, an employee cannot recover severance pay where the court determines the amount you would have earned if you have had been provided reasonable notice could have been earned by taking reasonable steps to obtain reasonably comparable employment. Like many general legal principles, there are some exceptions. For example, employees with fixed term contracts or where there are reasons attributable to the manner of dismissal that make finding reasonably comparable employment more difficult.

If you have signed a release under duress or it is an unconscionable settlement, there may be legal grounds to have it set aside by the courts, but it is a high threshold.

Call 519.645.1999 to arrange your free consultation.

We will provide you with an initial assessment about any strengths and weaknesses of your claim as well as the pros and cons of proceeding with a negotiated resolution versus a lawsuit. We will answer your questions. Our goal is to ensure that you leave the consultation with the information you need to decide whether to hire a lawyer.