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…

“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…

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…

“It depends” is a phrase that can be both frustrating and confusing. When seeking an answer, few things can be as irritating as being told, “It depends.” With some employers intentionally using the confusion over the difference between an employee and an independent contractor to strip workers of statutory protections and increase their profits, this is an ongoing issue. Many workers are unaware that there is a third category, dependent contractors. This third category is often difficult to determine. It relies on assessing all the factors in the employment relationship. For better or worse, some clarity has been added by…

Yes, and probably more than you think. For many employees, the first time they read their employment contract is when they are hired, and the second is when they are fired. It can be years or even decades between signing a document and parts of it becoming relevant, which can be daunting for many employees who need help with their rights. Adding to this is that Employment Law is usually rapidly changing, and something that may have been true a few years ago is now completely the opposite. This is why getting legal advice before signing anything upon termination is…

One aspect of litigation that often causes equal parts apprehension and confusion, especially for employees with little experience with the Court system, is cost awards, colloquially known as “costs.” While there have been many attempts to clarify what costs are to help those entering litigation better understand the risks, the discretionary nature means that some uncertainty is built in. Employees seeking to bring a wrongful dismissal suit are often understandably frightened by the mere existence of costs. Indeed, for an employee who made under $60,000 per year, the mere thought of having to pay even a portion of the actual…

It’s that time of year again. Every year, when October 1st rolls around, there is a chance that the minimum wage rates may increase based on the inflation rate. Nearly a million workers—around 942,400—benefitted from bigger paycheques this month. The Ontario government increased the minimum wage to $16.55 an hour, up from $15.50 an hour—a 6.8% pay raise for low-income workers. With some quick math, that works out to an increase of almost $2,200 per year for someone who puts in a 40-hour work week. This new minimum wage is the highest of any province in the country (though it…

With the proliferation of Internet job postings has come a proliferation of Temporary Help Agencies. Employers pay these companies to find temporary workers for their business. Unfortunately, some employers have found that by working with Temporary Help Agencies, they can steal, defraud, and intimidate employees without consequence. Employer-endorsed intimidation and wage theft, an ongoing issue in Ontario, is finally getting the attention it deserves. In the 2020-2021 period, the Ontario government estimates that over 4.2 million dollars in unpaid wages were owed to over 10,000 temporary workers. These funds were pocketed by both large and small employers who abused the…

Starting next year on February 1, 2024, federally regulated employees may be entitled to more when their employment is terminated. Industries such as air transport, banks, postal services, radio and TV broadcasting, railway and road transport, port services, First Nations band councils, or any business that is integral to the operation of one of the above fall under the Canada Labour Code (“the Code”) and must abide by federal rules and regulations. That means that if you are employed in one of these industries, and your workplace fails to keep up with these changes, you could be getting less than…

Many employees receive bonuses from their employers, whether it is a small amount for the holidays or a significant sum. In fields such as sales, that “bonus” can account for everything an employee earns above minimum wage.    This means that many employees depend on their bonus as part of their overall compensation package to cover both expected expenses, such as a Christmas bonus earmarked for presents, or unexpected ones, such as car trouble. If you are depending on a bonus, it can be devastating if you’re fired and don’t receive it.    Many employees incorrectly believe they are not…