An employee in Ontario, when terminated without cause, is entitled to a reasonable severance package taking into account statutory and common law requirements.
Sometimes employees engage in conduct that allows an employer to dismiss him or her without any severance at all. However, only the most severe misconduct will meet the legal test of just cause for dismissal. Often times, employers lay claim to misconduct in order to try to avoid providing a severance package. We can assist you to determine whether an employer genuinely has the right to withhold any severance package at all.
Employers do not always offer employees the severance packages they are entitled to. This is where we can help you to determine whether your severance package is fair or not fair, and what steps can be taken to improve it.
In addition to the amount of severance, there are many other factors that we can assist you with, including:
- The structure of the severance package
- Continuation of benefits
- What happens upon reemployment?
- Letters of reference and outplacement counselling services
- Do you have to sign a release and is it fair?
Employment Standards Violations and Ministry of Labour Complaints
The Ontario Employment Standards Act sets out a comprehensive schedule of rights for employees in Ontario that must be respected at all times. We can assist you to address any type of statutory violation, including:
- Unpaid overtime
- Hours of work
- Unpaid wages
- Dependent contractor disputes
- Protected leaves of absence (medical, family, emergency, infectious disease)
- Maternity/paternity leave reinstatement
- Termination and severance pay
- Retaliation claims
These are just some of the workplace circumstances that employees face, and if you have experienced a similar violation of your workplace rights we can help you by filing a claim with the Ontario Ministry of Labour in an effort to get you the proper compensation you deserve for your financial losses or reinstatement of your job if you were terminated.
Workplace Harassment & Bullying
Are you mistreated at work? Is your workplace environment toxic? Workplace harassment and bullying is any behavior at work that is known or ought to be known as unwelcome.
You don’t have to work in an environment of fear! Employers have an obligation to provide employees with a harassment-free workplace and there are legal claims that can be brought against companies who create or permit a poisoned workplace.
No one should have to work in an environment where there is bullying and harassment. We can assist you to take steps to secure protection from your employer, or in certain cases to bring legal action against your employer or any employee who has created a toxic work environment.
Human Rights And Discrimination
An employer and its employees are not permitted to treat any individual differently based on any personal characteristic that is protected under human rights legislation, such as your age, race, religion, illness, disability, place of origin and gender.
If you were or are being mistreated based on these personal traits, we can assist you to take action to protect you from further mistreatment or we can file claims on your behalf to the provincial or federal human rights tribunals seeking damages and corrective action.
We can stand up for you when it matters most.
Constructive dismissal is any material change to the terms of your job that negatively affects you and is imposed without your consent. This includes but is not limited to reductions in pay, temporary layoffs, demotions, toxic work environments, harassment, diminished duties, being “pushed out”, new work duties, and bad faith performance assessments.
If you are constructively dismissed, we can help you to remedy the harm caused by the changes to your job or take steps to pursue compensation on your behalf if you are forced to leave the company.
Ontario’s Occupational Health and Safety Act Matters
Have you been disciplined for asking your employer to fix equipment or provide you with protective devices?
Have you been terminated for informing management of incidents of workplace harassment?
Has the employer been informed of workplace harassment or other safety concerns and failed to reasonably investigate these allegations?
If you have asked your employer to act in compliance with the Occupational Health and Safety Act, or if you have exercised your rights under this legislation the employer is prohibited from subsequently threatening, disciplining or terminating you. If you have been penalized we can help you file an Occupational Health and Safety Act Reprisal complaint.
Unpaid Wage Claims
We can assist employees in addressing any form of unpaid wage claim, including claims for:
- Unpaid bonuses
- Unpaid wages
- Unpaid commissions
- Unpaid vacation pay
- Any other matter involving unpaid wages
Employment contracts are negotiable. But you have to know what to ask for and what’s fair. We have experience with and can assist you to review and negotiate employment agreements or compensation offers.
Also, if you were offered an employment agreement after you have already commenced employment, an employer has to provide you with something of additional value in exchange for signing that new contract. Sometimes, it’s just not worth signing it at all.
We can help you to determine if the contractual terms are fair and what terms are industry standards.