Employment agreements

Employment Agreements: 3 Things Employees Should Look For

When an employer provides you with a written employment agreement to sign in Ontario, it's crucial to read it carefully to understand your risks and ensure that it's fair and reasonable. Employees should not sign an employment contract without fully understanding its terms and conditions, as these will affect their legal rights and obligations at work. This article will explain 3 essential things employees should look for in their employment contracts in Ontario. You will also learn how a lawyer...

drafting a reply

Drafting a Reply: What You Need to Know

In Ontario, civil claims can be commenced at the Ontario Superior Court of Justice. The procedures and protocols for commencing most legal claims are outlined in the Rules of Civil Procedure (“Rules”). One of the most common ways to commence a lawsuit is by filing, issuing, and serving a statement of claim. In such cases, the one who started the claim would be the plaintiff. A defendant named in your statement of claim must deliver their statement of defence in...

Short term employees, wrongful dismissal

Are Short Term Employees Entitled to Wrongful Dismissal Damages?

Short-term employees who are dismissed are often under the impression that they are not entitled to a longer notice period. Yet, this is not always true, despite their shorter length of employment. An employer may be liable for wrongful dismissal damages if they fail to provide enough notice to an employee upon termination without cause. This applies whether the employee has worked at the company for a long period of time or not. If the former employee pursues a claim...

Drafting a statement of defence

Statement Of Defence: What You Need To Know

In Ontario, people can file and serve statements of claim against defendants to start civil lawsuits. If you receive a statement of claim in the mail, or from someone handing you a statement of claim, you are on notice that a legal claim has commenced against you.  An individual or other entity named as a defendant in a statement of claim must reply to the allegations against them through a statement of defence. In Ontario, the statement of defence must...

Statement of claim

Statement of Claim: What You Need to Know

Both employers and employees should understand how they can commence a civil lawsuit where necessary. A common way to commence a legal proceeding is by filing a statement of claim with the appropriate courthouse, and serving the issued statement of claim on the individuals you are suing.  If you are self-represented, you may be wondering what a statement of claim even is and when you should file a statement of claim. You may have also received a statement of claim...

severance package, human rights code

Severance Offers: Are They Ever Fair?

With the recent downturn in the technology sector and the increasing number of layoffs, many employees are being presented with termination packages. However, employees who spent many years at one employer cultivating their seniority and expertise may feel the loss of employment warrants more than just some severance pay.  While a severance package goes by many names, it is effectively a legal settlement of an employee’s entitlements flowing from their employment and its termination. In Ontario, this typically includes but...

Maternity leave Ontario, employment standards act Ontario

Maternity Leave Entitlements Under Ontario’s Employment Standards Act

Navigating a pregnancy is both an exciting and busy time. Though naturally, an employee might wonder about how their pregnancy and need to go on pregnancy and parental leave might impact their job. In Ontario, the Employment Standards Act, 2000 (“ESA”) regulates many of the minimum standards employers must comply with in their respective workplaces. While not the only legislation that protects pregnant employee’s rights in the workplace, it lays out the bare minimum protections relating to their pregnancy.  As an...

dismissing an employee, wrongful dismissal

3 Things to Keep in Mind When Dismissing An Employee Without Cause

Employers have to make difficult decisions in the course of their business, especially during economically challenging times. One of the most common decisions they are faced with is determining whether to dismiss an employee.  It is at termination that an employer may face the greatest legal liability for damages from a former employee. The employment agreement, the manner of the employee’s dismissal, and other surrounding factors can determine how much an employer owes an employee on termination. This article will outline...

mental health leave Ontario

Mental Health and Stress Leave in Ontario: What Are Your Rights?

Mental health is not always a visible problem in the modern workforce.  Many employees suffer stress, anxiety, and burnout without taking any time off from work to recover.  If this describes your situation, you may be wondering what your rights are. Are you entitled to mental health and stress leaves in Ontario? What are your specific rights? What if your employer does not respect your rights?  This article will answer the questions outlined above by explaining workplace rights respecting mental health...

non discretionary bonus

Non-Discretionary Bonus and Performance Reviews: When Is It Constructive Dismissal?

Non-discretionary bonuses are additional pay that an employer gives to their employees who have met a certain set of conditions. This type of bonus is often predetermined, meaning that the employee knows exactly what they need to do to receive it and how much they will receive.  To determine eligibility for non-discretionary bonuses, employers often conduct performance reviews. These reviews assess how well the employee is doing their job and determine if they meet the conditions set for the bonus.  Depending...