Employment Standards Lawyer in Toronto

We assist clients with termination disputes, severance package negotiations, wage and overtime claims, instances of workplace harassment or discrimination, constructive dismissal situations, reviews of employment contracts, and issues related to compliance with the Ontario Employment Standards Act (ESA), such as minimum wage, holiday pay, various leaves of absence, and illegal layoffs.

Your dismissal is considered wrongful if your employer fires you without providing sufficient notice or severance pay according to the law. Additionally, you might be entitled to more than the minimum severance and termination pay outlined in the ESA, based on common law factors considered by the courts, even if the termination was 'without cause.' It's important to have an employment lawyer review your employment agreement and the circumstances of your departure to determine your entitlements.

While the ESA establishes the basic minimum severance and termination pay according to years of service, the common law often awards much higher amounts, taking into account your age, role, and length of service. Sometimes, short-term employees receive more compensation relative to their service than long-term employees do.

Deadlines for severance offers set by employers are usually just a negotiation tactic. There is no law compelling you to stick to their timeline. Severance offers are frequently much less than what you are truly owed, so it's vital to seek legal advice to fully understand your rights and the negotiation process.

You should contact an employment lawyer as soon as possible if you have informed your employer of workplace harassment or discrimination and they haven't taken adequate action. Employers are legally obligated under the Human Rights Code to take steps to address and resolve such issues. An employment standards attorney can guide you through the procedure and ensure your rights are safeguarded.

Our legal services for employers include drafting anti-harassment policies, conducting third-party independent investigations for the company, ensuring ESA and Human Rights Code compliance, and mitigating legal liability and risks. We also provide advice on disciplinary action and help protect against damage to your business's reputation or violations of employee rights.

All discussions with your lawyer and details of your case are confidential under lawyer-client privilege. We use secure methods for submitting files, restrict information sharing to those who need to know about your case, and handle sensitive workplace matters discreetly.

Yes, we will review your offer, highlight any shortfalls in your rights and entitlements, and work to negotiate a better deal - possibly including a longer payout period, continuation of benefits, or non-monetary additions like a character reference.

We offer a free initial consultation to assess the facts of your case, help you understand your legal rights, and discuss potential solutions, giving you the information you need to decide the best way forward without any obligation.

We may bill by the hour, charge a flat fee for specific services (such as reviewing a contract), or agree to a contingency fee arrangement (a percentage of final damages or settlement). We also offer payment plans and other flexible payment options.

Please have ready your employment contract, any termination letter (if you've been fired), pay stubs, documentation of alleged workplace incidents (such as harassment), and any written communications involving your employer, to facilitate the review of your case.

Most cases that are settled by negotiation can be resolved within a few weeks to a few months. If a lawsuit is filed, expect the process to last 1 to 2 years, depending on the case's complexity. We always aim for a swift resolution, but we will not sacrifice your rights for a quick fix.

We typically act on behalf of non-unionized employees, as unionized workers generally need to resolve their workplace disputes through their union's grievance process under a collective agreement.

We assist with drafting employment contracts that comply with employment standards, creating workplace policy manuals (including anti-harassment policies), and providing advice on layoffs, firings, and other employment matters governed by the Ontario ESA. This helps you prevent future disputes or fines.

Potential remedies include monetary damages, reinstatement, policy orders, and settlements. Enforcement actions under the ESA include orders to pay money, assessments, penalties, etc.

We will help you weigh the costs, time, risks, and other considerations. Settling can avoid court time and publicity, but sometimes a lawsuit is unavoidable due to irreconcilable differences between the parties or where precedents are involved.

The majority of cases are resolved by either a negotiated settlement or mediation. Going to court is usually a last resort, except in more complex cases or when the other party is uncooperative.

We update you as needed by email, phone, or secure online portals, based on your preferences. You'll always know the expected timelines and what to expect next in the process.

We can draft your employment contracts, employee handbooks, and other related policy materials to ensure your business is in line with the ESA, Human Rights Code, health and safety, and other applicable laws.

Our team represents clients in all major sectors, from technology and retail to education, healthcare, and professional services. We will adopt a customized approach depending on the standards and specific work environments of your industry.