Toronto Employment Lawyer
It is a fundamental truth: what we do to earn a living defines us. It is always the first question at a social gathering, business meeting, or family reunion: “And, what do you do?” Humans spend one-third of our time working. So, when we encounter problems at work such as constructive dismissal, wrongful dismissal, harassment, discrimination, or human rights violations, we tend to take these problems particularly hard. They tend to keep us up at night. Toronto Employment Lawyer Christopher Stienburg can help with these employment law problems—and more.
The good news is that Ontario has a number of employment laws and labour laws that afford legal protections in the workplace. There are legal obligations for both employees and employers; they cut both ways.
These days, when people have many careers during their lifetime, it makes good sense to cultivate a relationship with an employment lawyer.
It is always a good idea to consult with a Toronto employment lawyer for what may appear to be straight forward things such as an offer of employment, an employee contract, or even a severance package.
An employment lawyer can tell you if the offer or document meets the minimum standards required by Ontario law. Many employers mean well, but they don’t always do the correct thing. You could be signing away your legal rights, or leaving money on the table, or both.
There is wisdom in knowing your rights when it comes to employment law.
And if you find yourself facing these situations, you should contact Toronto Employment lawyer Christopher Stienburg, who can help you:
- Your employer is making changes to your job without your consent
- If you need accommodation for a disability and it is not provided by your employer
- If you are being harassed or bullied at work
- If you are being accused of harassing or bullying someone else at work
- If you have been denied medical or parental leave
- You have been put on a so-called Performance Improvement Plan (PIP)
- You have received a letter threatening discipline from your employer.
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Employment Law Services
- Bullying and cyberbullying in the workplace
- Constructive dismissal
- Discipline issues
- Duty to accommodate (disability)
- Employee contract reviews
- Fired for cause / Just dismissal
- Harassment in the workplace
- Health & safety violations
- Human rights abuses
- Leaves of absence (personal emergency, medical / disability, prenatal / pregnancy / paternal leave)
- Non-compete clauses; non-solicitation clauses (restrictive covenants)
- Performance improvement plans (PIPs)
- Severance package / termination package reviews
- Wrongful dismissal
Tips on Wrongful Dismissal in Ontario
For cases of wrongful dismissal, or wrongful termination, employees still have rights. Whether you were “packaged out,” “let go,” “laid off,” “terminated,” or “fired,” Toronto Employment lawyer Christopher Stienburg can advise you of your specific rights in your specific situation. These are the general ones that apply to all employees in Ontario:
Right to reasonable notice of termination – You have a right to be notified before your employment ends. The notice period depends on how long you were with your employer, plus other factors, such as your ability to find another position.
Even if employers comply with minimum requirements, it is usually not enough reasonable notice, especially for older workers.
Right to receive termination pay – Under the Ontario Employment Standards Act, employees are entitled to termination pay where they are terminated without cause. This is a minimum requirement of employers. Most employees are entitled to additional payments above the minimum requirements.
Toronto Employment lawyer Christopher Stienburg can advise you on whether you are entitled to additional payments above the minimum requirements.
Protection against constructive dismissal – When an employer changes your job without your consent to the degree that you are forced to quit, that’s called constructive dismissal. Employees have the right to be protected against constructive dismissal.
Right to enforce the minimum requirements under the Ontario Employment Standards Act – Even if your employment contract specifies otherwise, you still are entitled to receive termination pay and possible severance pay (see below) in accordance with the Ontario Employment Standards Act, a Toronto employment lawyer can advise you on this.
Right to receive severance pay, if owed – If you work for an employer with a payroll of $2.5 million or more, or an employer that has terminated more than 50 employees in the past 6 months, you may have a statutory right for a severance payment in addition to a termination payment.
You must have been employed for 5 years or more; the amount of your severance payment is tied to your years of service.
Being Fired “For Cause” in Ontario
On the other hand, employees fired for “For Cause” [also called “Just Cause”] do not have the right to severance pay or termination pay. If you have been fired “For Cause,” Toronto employment lawyer Christopher Stienburg can advise you the best way forward.
In Ontario, your employer may have “just cause” to terminate your employment if you:
- Neglected your job duties on purpose
- Misbehaved on purpose
- Disobeyed instructions of your boss, or management in general
- Behaved in an immoral way
- Behaved in an illegal way
Contact us for a consultation at (416) 601-6801 or submit a callback request.
Let us know what you would like to discuss and we will call you back Monday to Friday between 9 AM and 5 PM once we have reviewed your situation.