We advise both employers and employees on all facets of the employment relationship.
We offer specialized advice in employment law, including contract negotiation, wrongful and constructive dismissal, non-complete and non solicit restrictive clauses, disciplinary measures, human rights and Employment Standards issues. We provide assistance both in negotiating individual employment contracts and severance contracts.
It is in your interests to avoid costly litigation. We can help in this regard. But where it is impossible to negotiate an amicable resolution to a matter, we have the experience to represent you and take pride in our record of successful advocacy before arbitrators, tribunals and Courts.
Given the amount of time that you spend on a daily basis at your job building a career, a problem at work or a disruption in that relationship can be extremely stressful. You may be fearful, angry or confused about how to deal with it. We have years of experience in resolving employment issues in a reasonable and peaceful manner.
We recognize that a termination of employment can feel very much like a divorce. It affects you not only financially – but also emotionally. Our philosophy is to do everything we can to resolve your issues quickly. It is always in your interest to get the severance you are entitled to - without litigation. The vast majority of our employment cases are settled amicably and quickly – without the need to go to Court. Our philosophy is that litigation should be only used as a last resort. We do everything possible to try and achieve a peaceful and fair resolution as quickly as possible – in order to allow you to close that chapter and get on with your life.
But where it is necessary to resolve the matter in Court, we have 30 years of Courtroom experience in ground breaking cases to represent your interests. Ontario Employment Lawyers is regularly called upon to teach advocacy to other lawyers.
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Ontario Employment Lawyers has extensive experience in Canadian employment law, including claims for:
- Wrongful dismissal
- Termination for Cause
- Constructive dismissal (unfair demotion or change in working conditions, including pay reductions)
- Bad faith discharge
... and has been instrumental in negotiating reasonable and favourable severance packages and employment contracts.
Our firm has represented clients whose wrongful dismissal has been by way of:
- Termination of employment with compensation being only that set out in the Employment Standards Act. Employees are often entitled to considerably more than the amounts set out in the Ontario Employment Standards Act
- Termination for cause where an employee's actions did not warrant ending the employment relationship
- Changing the working conditions or job description such that it amounts to constructive dismissal
- Termination where the employer has not followed proper procedures in ending an employee’s employment
If you have been fired or laid off, or are about to be, we can help determine if you are entitled to compensation for wrongful dismissal and help you with the steps to recover it.
We can review your severance package to determine if it is fair and reasonable. If you have been fired or dismissed from your job, you may have several important questions, such as:
- Can your employer fire you?
- Were you entitled to prior notice that you were going to be dismissed?
- Can you get more severance pay than they are offering?
- Can you get that money without going to Court?
- What are your obligations following severance to your former employer?
We can help answer those questions.
You should know that the Employment Standards Act protects employees who lose their job. You should remember that you may have three separate entitlements;
- Your rights under the Ontario Employment Standards Act;
- Your rights under the contract of employment. Your contract rights may be greater than your rights under the Employment Standards Act – even if you don’t have a written contract. But regardless, your contract rights cannot provide a lesser benefit than the Employment Standards Act;
- Your rights under the common law
- Employee Contracts
- Non-Solicitation & Non-Competition Clauses
- Independent Contractors
- Termination (About to be Terminated)
- Minimum Notice Period
- Wrongful Dismissal
- Wrongful Dismissal Bad Faith Damages
- Claim for Constructive Dismissal
- SCC change of Constructive Dismissal Law 2015
- Recent Constructive Dismissal Case
- Verbal Warning of Performance
- Fired for Cause
- Severance Offers (Severance Packages)
- Obligation to Accept Alternate Work
- Are You Resigning?
- Notice, Severance and Other Pay
- Employment Law FAQ
- Facebook/Social Networking and Blogs