choosing a workplace lawyer article

Choosing a Workplace Lawyer

Whether you are addressing employment disputes or ensuring your company adheres to Ontario's workplace laws, selecting the right workplace lawyer is crucial. This decision influences workplace relations, legal standing, and financial outcomes, making it vital for both employees and employers to choose their legal representation wisely. This article looks into the crucial aspects of selecting a workplace lawyer adept in employment law, suitable for defending employee rights or protecting business interests. From assessing legal expertise to understanding communication styles and...

employee vs contractor

Employee vs Contractor?

Knowing whether you are an employee or a contract worker in Ontario can have a big impact on your legal rights and obligations. Your classification affects everything from your entitlement to Employment Insurance (EI) and reasonable notice, to the benefits and protections you receive at work. While a written employment contract might state your status, the true nature of your working relationship could be different. Determining whether you are an employee or an independent contractor involves looking beyond your...

Contra Proferentem in Ontario in Employment Contracts

Contra Proferentem in Ontario – Ambiguity in Employment Contracts

When disputes arise over the interpretation of employment contracts, the legal principle of contra proferentem often plays a significant role. This doctrine, which means "against the offeror" in Latin, is designed to protect employees in situations where the wording of a contract is unclear or ambiguous. In the context of employment contracts, contra proferentem serves as a powerful tool that tilts the interpretation of ambiguous terms in favour of the employee rather than the employer, who typically drafts the...

wrongful termination faqs article

Wrongful Termination in Ontario: Essential FAQs

Wrongful termination can have a profound impact on employees, affecting not only their livelihoods but also their sense of security and fairness in the workplace. In Ontario, specific laws and protections exist to safeguard employees from unjust dismissals. Whether you're an employee who believes you've been wrongfully terminated or an employer seeking clarity on proper dismissal practices, understanding the legal framework around wrongful termination is crucial. This FAQ guide will help answer common questions about wrongful termination in Ontario,...

employer retaliation

Employer Retaliation and Employees Rights in Ontario

Laws in many jurisdictions, including Ontario, provide protections against employer retaliation. In Ontario, for example, the Employment Standards Act, 2000 (ESA) and the Ontario Human Rights Code (the Code) contain provisions that prohibit employers from taking adverse actions against employees for exercising their rights or reporting workplace violations. If an employee believes they are facing employer retaliation, they may have legal options, such as filing a complaint or seeking legal counsel. What Is Employer Retaliation? Employer retaliation occurs when an employer...

what is reasonable notice article

What Is Reasonable Notice in Ontario

In Ontario, understanding the notice period for employment termination is critical for both employers and employees. Whether you’re an employer planning to terminate an employee or an employee facing job loss, knowing how much notice is considered reasonable is essential. This article will explore the factors that influence notice periods and provide important guidance for both sides. Bardal Factors When it comes to terminating employment, employers are legally required to provide employees with notice before the termination takes effect. This requirement...

retainer fees and types of legal retainers

Understanding Retainer Agreements

A retainer agreement serves as a crucial legal foundation that outlines the relationship between a client and their lawyer. It establishes the terms of engagement, ensuring clarity and mutual understanding from the outset of the legal representation. However, not all retainer agreements are the same. They vary depending on the nature of the legal matter, the services required, and the fee structure agreed upon. Whether you are exploring legal representation or looking to understand what a retainer agreement entails, this...

Minimum Wage Ontario 2023: October 1 Changes

Minimum Wage Ontario: Changes in 2024

Effective October 1, 2024 | The general minimum wage in Ontario is set to increase to $17.20 per hour, reflecting a continued effort by the provincial government to align wages with the rising cost of living. This is an increase from the previous rate of $16.55 per hour in 2023. In Ontario, workplace policies and expectations are set out in the Employment Standards Act (ESA), which outlines employees’ rights and employers’ responsibilities, including the minimum wage requirements. Understanding Minimum Wage in...

suspended without pay

Suspended From Work in Ontario?

Workplace suspensions are difficult for both employers and employees. There is often confusion about the rights and obligations surrounding suspensions, especially if an employee is suspended from work pending investigation. Understanding what these suspensions mean and how they should be handled is key for both parties. What Is a Suspension From Work? A workplace suspension occurs when an employer temporarily removes an employee from their work duties. This can happen for various reasons, such as pending investigations into misconduct or disciplinary...

Electronic Monitoring Policy in Ontario

Understanding Electronic Monitoring Ontario

As workplace technology continues to evolve, electronic monitoring has become a common practice in many organizations. Employers in Ontario are increasingly using software and other tools to track employee productivity, ensure compliance with workplace policies, and enhance security. However, there are important legal standards and obligations surrounding the practice of electronic monitoring in Ontario, which both employers and employees need to be aware of. Understanding your rights as an employee and your responsibilities as an employer is crucial to ensure...