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Employment Law
Employment Law Legal Services for Workers
We assist workers in all of their employment matters arising in the workplace, including:
[+] Termination Without Cause Severance Package
[+] Termination For Cause
[+] Constructive Dismissal
[+] Reprisal (or Threat of Reprisal)
[+] Unpaid Wages
[+] Misclassification: Independent Contractor or Employee
[+] Harassment, Bullying & Violence in the Workplace
[+] Forced Resignation
[+] Frustration of Contract
If you decide to pursue your case, and require legal representation, we offer affordable fees.
[+] Termination Without Cause Severance Package
[+] Termination For Cause
[+] Constructive Dismissal
[+] Reprisal (or Threat of Reprisal)
[+] Unpaid Wages
[+] Misclassification: Independent Contractor or Employee
[+] Harassment, Bullying & Violence in the Workplace
[+] Forced Resignation
[+] Frustration of Contract
If you decide to pursue your case, and require legal representation, we offer affordable fees.
[+] Termination Without Cause Severance Package
"My employer fired me for no reason and is asking me to sign papers in exchange for a couple of weeks of pay"
The employer terminated your employment for no reason, also known as "Without Cause". The employer has offered you some money and has asked you to sign a "release", essentially asking you to give up your right to take legal action against them in the future. Before signing away your rights, it is important to know whether the employer provided you a fair severance package, or whether they are simply providing you with the bare minimum amount that they are already required to give you under the law, or worse, providing you with less than what the law requires.
Note that what the law requires your employer to pay you and what a judge would require your employer to pay you under "common law" are completely different. For example, while the law may require your employer to pay you 2 weeks of pay after firing you, the judge may require them to you pay you 2 months of pay or more.
The amount of pay is determined by key factors, such as your (1) years of service, (2) position, and (3) age.
Note that what the law requires your employer to pay you and what a judge would require your employer to pay you under "common law" are completely different. For example, while the law may require your employer to pay you 2 weeks of pay after firing you, the judge may require them to you pay you 2 months of pay or more.
The amount of pay is determined by key factors, such as your (1) years of service, (2) position, and (3) age.
[+] Termination For Cause
"My employer fired me for something they say I did wrong, I didn't get any money when I was fired"
The employer terminated your employment for what they claim to be a good reason, also known as "Just Cause" or "Wilful Misconduct". Prior to your dismissal, the employer might have given you a final warning, placed you on a Performance Improvement Plan, or a Last Chance Agreement.
While the employer may claim they had good reasons to terminate your employment, those reasons may not be good enough to avoid paying you any money. It is a very high bar to meet in order for the employer to avoid paying you any money. This is because while in certain situations your actions may be considered "Just Cause" for termination, you could still be owed the minimum amount of pay under the law, so long as your actions did not amount to "Wilful Misconduct". For example, you may have violated a company policy but you did not do it intentionally and you were not being wilfully negligent.
While the employer may claim they had good reasons to terminate your employment, those reasons may not be good enough to avoid paying you any money. It is a very high bar to meet in order for the employer to avoid paying you any money. This is because while in certain situations your actions may be considered "Just Cause" for termination, you could still be owed the minimum amount of pay under the law, so long as your actions did not amount to "Wilful Misconduct". For example, you may have violated a company policy but you did not do it intentionally and you were not being wilfully negligent.
[+] Constructive Dismissal
"My employer cut my hours/pay in half or changed my position so much that it's no longer the same, so I quit my job"
The employer has decided on their own to make a significant change to a term of your employment. A significant change to a fundamental term of your employment such as your:
- Hours of Work
- Rate of Pay
- Workload/Duties/Responsibilities
- Work Location
- Position
- Benefit Coverage
- Freedom from Harassment/Inappropriate/Abusive Behavior by the Employer
[+] Reprisal (or Threat of Reprisal)
"I stood up for my rights and now I'm fired/disciplined - (or was threatened that I would be)"
You felt your rights were being violated and complained to the employer, and rather than addressing your concerns, the employer decided to punish you instead.
For example, the employer fired/disciplined you (or threatened to) soon after you complained to them that they were not following the law regarding pay, hours of work, minimum breaks, or health and safety.
Even in situations where you may have been mistaken about a violation of your employment rights, if the employer engaged in retaliation, then you could be owed some compensation.
For example, the employer fired/disciplined you (or threatened to) soon after you complained to them that they were not following the law regarding pay, hours of work, minimum breaks, or health and safety.
Even in situations where you may have been mistaken about a violation of your employment rights, if the employer engaged in retaliation, then you could be owed some compensation.
[+] Unpaid Wages
"I was not paid the proper amount of pay/overtime/holiday/vacation"
Incorrect Pay Amount: You get your pay stub and see that the amount of hours you were paid less than what you are owed. The employer may claim that the first 15 minutes of your shift is unpaid, but in reality you were expected to work during that time and you did in fact work.
Overtime Pay: Although you may not be entitled to overtime pay because of your industry, if your job duties change to an industry that is entitled to overtime pay, even temporarily, then you may be entitled to overtime pay.
Holiday Pay: The employer failed to pay you holiday pay AND holiday premium pay even though you worked on one of the 9 public holidays in Ontario. Even if you did not work on the day of the holiday, you may still be entitled to holiday pay but not holiday premium pay. The employer may also claim that the law does not require them to pay you holiday pay because of the industry you work in, however, depending on the type of work you do in your industry, you could still be owed holiday pay.
Vacation Pay: The employer failed to pay you 4% of pay on top of the wages you earned (if you worked for them for less than 5 years) or 6% of pay on top of the wages you earned (if you worked for them 5 years or longer).
Overtime Pay: Although you may not be entitled to overtime pay because of your industry, if your job duties change to an industry that is entitled to overtime pay, even temporarily, then you may be entitled to overtime pay.
Holiday Pay: The employer failed to pay you holiday pay AND holiday premium pay even though you worked on one of the 9 public holidays in Ontario. Even if you did not work on the day of the holiday, you may still be entitled to holiday pay but not holiday premium pay. The employer may also claim that the law does not require them to pay you holiday pay because of the industry you work in, however, depending on the type of work you do in your industry, you could still be owed holiday pay.
Vacation Pay: The employer failed to pay you 4% of pay on top of the wages you earned (if you worked for them for less than 5 years) or 6% of pay on top of the wages you earned (if you worked for them 5 years or longer).
[+] Misclassification: Independent Contractor or Employee
"My boss is refusing to pay me or give me the same benefits as the rest of the employees"
Employees covered by the Employment Standards Act, 2000 or the Canada Labour Code are entitled to a number of rights, including hours of work, leaves of absences, termination pay and severance pay, minimum wage pay, vacation pay, holiday pay, overtime pay, and more. Your employer might be treating you as an independent contractors in order to avoid providing you with rights and benefits you are owed. Determining whether you are an employee or independent contract typically requires an examination of key factors, such as:
- Control
- Ownership of Tools
- Chance of Profit
- Risk of Loss
[+] Harassment, Bullying & Violence in the Workplace
"My boss/co-workers are making inappropriate comments, jokes, or actions"
The employer has a duty to ensure you work in a safe environment, that is free of harassment, bullying, and violence. Workers are protected under both the Human Rights Code and the Occupational Health and Safety Act from any vexatious comments and conduct that is known to be unwelcomed. This abusive behaviour can create a poisoned or toxic work environment, such that it could force you to resign (see "Constructive Dismissal" above) and as a result you may be entitled to termination pay. Working in a such a toxic environment may also entitle you to different forms of compensation, depending on the severity and impact of those actions. For example, for some individuals it may lead to developing "chronic mental stress" or "depression and anxiety". This can be a complicated area of law as there are many adjudicative bodies that handle these matters - each with their own rules and remedies.
[+] Forced Resignation
"My boss said: 'If you don't resign, I'll fire you' so I decided to resign"
When you decide to resign from your employment, out of your own free will, you are disentitled from termination pay. However, when the employer makes you choose between resigning or being fired, you are "constructively dismissed" (see above) and therefore you could be owed termination pay. This is because you do not really have a choice, despite the appearance of it, since your employment is ultimately coming to an end. It may even seem that the employer is doing you a favour by ensuring your employment record does not show a dismissal while they get to avoid paying you any money. Nevertheless, when an employer forces you to resign, you may be entitled to termination pay even if you resigned. This may also happen because of continued harassment, bullying and violence (see above) and again you may be entitled to termination pay or other forms of compensation.
[+] Frustration of Contract
"I wasn't able to do my job due to disability/illness, so my employer said my employment has been "frustrated" and now I don't have a job"
In situations where your disability or illness is preventing you from doing the essential duties of your position and are not likely to improve in the foreseeable future, or are permanent, then there may be a "Frustration of Contract". This means that through no fault of either yourself or the employer, the employment contract can no longer be fulfilled. If this is the case, the employer is still required to pay you termination pay and severance under the minimum employment standard law (the Employment Standards Act, 2000). It is important to note that proving "frustration" is a high bar to meet and if the employer is unable to prove your employment has been "frustrated", then you could be owed judge-made "common law" compensation, a much higher level of compensation. You could also be entitled to other compensation under the Human Rights Code.