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Workplace Harassment and Discrimination: Why Staying Silent Isn’t an Option

By Employment Law

Harassment or discrimination can feel isolating and overwhelming. It’s not just about tolerating unfair treatment; it’s also about confronting the fear of retaliation and uncertainty about your rights. But let’s be clear: discrimination should have no place in your workplace. Yet, too often than not, we spend most of our lives in spaces that can undermine our rights—be it work, school, or housing. Confronting such issues is daunting, and deciding where to seek justice is critical. Unfortunately, the Human Rights Tribunal of Ontario (HRTO), despite being designed to address discrimination, is increasingly viewed as a failing institution due to its…

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Ontario’s Human Rights Tribunal: Why Justice Feels Out of Reach

By Employment Law

Imagine facing discrimination—at work, in housing, or in accessing services—and deciding to stand up for your rights. You file a claim with Ontario’s Human Rights Tribunal (HRTO), expecting justice. But instead of finding a fair and accessible system, you’re thrown into a bureaucratic nightmare where most claims are dismissed before anyone even hears your story. This isn’t just a story of red tape. It’s a story of justice denied. For regular people like you and me, navigating the HRTO is no longer about fairness—it’s about survival in a system that feels designed to push you out. The Numbers Don’t Lie:…

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Five Reasons Why You Are Owed More Money on Termination Than Offered

By Employment Law

If you have been terminated, often, the first thing you need to decide is whether to accept the termination package presented by your former employer. Some employees are not even aware that they are making this decision by signing their termination letter. Employers will take advantage of this by insisting an employee needs to sign to get anything or claiming that this is the maximum owed under the employment contract.[1] As with everything to do with your employment, the best thing you can do to protect yourself is speak to an employment lawyer before doing anything. The case of Wilds…

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Schedule 2 of the Working for Workers Act Four, 2024: Modernizing Worker Protections?

By Employment Law

Introduction The Working for Workers Act Four, 2024, has been pitched as bringing significant changes to Ontario’s employment laws, aiming to curb employer abuses and bolster protections for workers. Schedule 2 allegedly introduces crucial updates to the Employment Standards Act, 2000 (ESA) that target what the government has identified as loopholes used by employers to circumvent its protections, such as trial period work, deceptive job posting and interview practices, and wage theft via ‘tipping policies.’ These changes have been touted as helping all employees in Ontario, with the specific goal of protecting those in precarious or service industry jobs, where…

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Bad Faith Actions by ‘Employers’ Lead to Serious Consequences

By Employment Law

You’ve just been fired and handed an offer that is an insult. The employer then rubs the salt into the wound by refusing to pay your minimum entitlements at law. You can sue them for common law notice, but that is for the loss of your employment. What about the harm done to you? Many employees feel they will never see their employer held to account and accept the meagre settlement amount. This is a mistake. The Courts look extremely poorly on bad faith conduct by the employer before, during, and after termination, including during a lawsuit. Employers tend to…

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Return to Office or Lose your Job Tomorrow? Your Employee Rights and Protection

By Employment Law

As an increasing number of Canadian employees are ordered back to the office from a remote or hybrid model, it is essential for them to know their rights and protections. In recent months, many Canadian employers in both the public and private sectors have implemented return-to-office mandates, requiring workers who transitioned to remote or hybrid work during the COVID-19 pandemic to work in person again. Can the Employer Force Me to Return to the Office? The answer is, it depends, and it would be best to discuss your situation with a lawyer. In example, a company can’t require a 65-year-old worker from…

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The Duty to Mitigate After You Lost Your Job: What Does That Mean?

By Employment Law

So, you’ve been terminated from your job. You might be focusing on challenging your employer for more money, and rightly so. They caused this by firing you! Your job search is probably the last thing you would think about. However, after you have been terminated, one of the first things a lawyer will tell you is that you are under an obligation to mitigate the losses from the termination. What does mitigating your losses mean? In short, you cannot get money from your former employer if you made the problem worse. For example, if your apartment catches fire, you are…

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Work Sucks, but Should I Complain?

By Employment Law

Simple answer: Yes. “My work used to be fine, but then I got a new manager…” is a situation that we as employment lawyers encounter so often that it is practically a trope. An employee may have worked for years or even decades in the same role without issue, only to have the company assign a new manager who quickly destroys the existing relationship. It may be because the manager is seeking to ‘prove themselves’ by having some metric increase, is attempting to assert petty dominance, or simply because the new manager should not be managing people at all. Whatever…

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But the Severance Pay Calculator said I was ONLY entitled to 12 Month’s Pay.

By Employment Law

The main concern for a recently terminated employee is often how much they are entitled to. As with most things, people turn to the internet, look at the top search results (or a few), and form a basic idea about their entitlements. Online tools such as Severance Pay Calculators can be useful as a starting point, but as they all prominently state in one way or another, “This is not legal advice. Speak to a lawyer.” Most terminated employees understand this and then contact an employment law firm for a (often free) consultation for legal advice. The main reason for…

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Can I be Terminated at Any Time? – The $150,000 Question

By Employment Law

“But why?” is often the most common question employees ask about their termination. Years of dedicated service and going above and beyond seem meaningless when they can be terminated anytime and without a reason. There is often a sense of betrayal, with the employee racking their brains about why they got terminated and how they will let those close to them know. The difficult truth is that employers owe nothing to employees beyond obeying the law, treating them fairly, and providing their legal rights and entitlements. In most cases, an employer can terminate a non-unionized employee without cause, at any…

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Why Informed Honesty is the Best Policy for Workplace Injuries

By Employment Law

Any injury on the job can be devastating, be it a slip and fall or a lost finger. For many employees, the pain is aggravated by the actions of their employers, who often fail to file the correct paperwork with WSIB, delaying the compensation or illegally punishing the injured employee for daring to get hurt by disciplining or terminating them for “unrelated reasons.” The law takes a very dim view of both of these actions, operating on the assumption that any discipline taken after a health and safety complaint is an illegal reprisal. An employer is required to show that…

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