steps of a lawsuit, employment lawyer toronto, employment law

Wrongful Dismissals: Steps of a Lawsuit in Ontario

Navigating the litigation process on your own without the help of a lawyer can be daunting. This article provides a high-level overview of the steps of a lawsuit involved in initiating a wrongful dismissal claim. What Are the Steps of a Lawsuit in Ontario? When looking at the steps of a lawsuit in Ontario, the first step involves being retained by a lawyer. Once a client is retained, the employee’s lawyer typically sends a demand letter out to the employer. Within...

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layoff in ontario, employment contract, employment lawyer toronto

Are Layoffs Legal In Ontario?

Although a layoff seems to be similar to a permanent dismissal, the two concepts are actually quite different. While a dismissal implies a permanent cessation of employment, a layoff in Ontario is typically intended to be temporary in nature. When an employer places an employee on layoff, it is with the intention to recall that employee back to work once the layoff concludes. As we have seen with the emergence  of the COVID-19 pandemic beginning last March 2020, many employers...

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harassed at work, workplace harassment, employment lawyer toronto

What Should Employees Do If They Are Harassed At Work?

Employees who experience harassment, or are harassed at work, can have a difficult time managing the situation, and in reality, should not handle the situation on their own. Employers have an obligation to address harassment in the workplace, and in many cases, can face steep financial repercussions in cases where they do not. This article answers common questions when it comes to employees being harassed at work, and how employers can respond. In What Situations Is An Employee Considered to...

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receive EI if they were wrongfully dismissed, wrongful dismissal, employment lawyer

Can Employees Receive EI If They Are Wrongfully Dismissed?

Between recent workplace vaccination mandates and pandemic related economic downturn, employees are increasingly being wrongfully dismissed from their employment. While some may be curious about what they are entitled to in severance from their employer, many are more anxious to learn how they will pay their bills while they look for other work. This article dives into whether or not employees can receive EI if they are wrongfully dismissed.  What is Employment Insurance (EI)? The federal Employment Insurance (EI) scheme provides...

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change in job duties, constructive dismissal, employment lawyer toronto

Can Employers Change Job Duties in the Workplace?

When applying for a new job, employers will typically provide prospective employees with job descriptions that outline the responsibilities of the position. Sometimes, employees may find themselves without a job description. Instead, some employees may assume duties over time that make up the core of their role. Whether it is written or not, there are certain duties employees may do that are considered a fundamental part of their job. This is true regardless of if these duties were explicitly...

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constructive dismissal, resignation, employment law

Should Employees Resign If They Think They’ve Been Constructively Dismissed?

Termination from employment, whether with or without cause, is typically explicit and undeniable. In light of the COVID-19 pandemic and the impact of the Infectious Disease Emergency Leave regulation passed under the Ontario Employment Standards Act, many employees and employers became acquainted with a less straightforward form of termination known as constructive dismissal. Some employees may have unknowingly been a victim of a constructive dismissal in their lives, and wonder if they they've been constructively dismissed. Some make the innocent...

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refuse to accommodate employee disabilities, employment lawyer

Can Employers Refuse to Accommodate Employee Disabilities?

Under the Ontario Human Rights Code (the “Code”), employers are prohibited from discriminating against employees based on several enumerated grounds. While traditionally discrimination is understood as differential treatment based on the enumerated grounds outlined in the Code, there are forms of discrimination that are less straightforward, and there are instances where employers refuse to accommodate employee disabilities.  Failure To Accommodate Discrimination When an employee discloses a valid human rights need relating to their workplace, an employer is obligated under the Code...

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employees who do not return to the office, employment lawyer toronto

Can Employers Fire Employees Who Do Not Return to the Office?

In Ontario, the number of individuals receiving both doses of the COVID-19 vaccine has been continuously increasing. As such, companies that had previously switched to work from home models have been making the decision to re-open their operations at their physical workplaces. In such an instance, the employer would request its employees to also return to the workplace from working from home. As such, non-unionized employers and employers may have questions regarding whether employers can fire employees who do...

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employment contract, employment lawyer toronto

Top Three Terms To Look For In An Employment Contract

The terms of a written employment contract can have significant consequences on the employment relationship and each party’s legal entitlements. While some of those terms outline legal rights during employment, other terms remain in force even after the employment relationship ends. Not all terms to an employment contract are created equal however – some may result in significant costs or increased risks for employers and employees. The top three terms to look for in an employment contract which have high...

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classified as contractor, employment law

What Happens If An Employee Is Classified As a Contractor?

What happens when a worker is classified as a contractor, when really they are an employee? When it comes to creating a work relationship, parties will typically enter into an employment relationship by way of an employment agreement. This agreement will come with certain terms such as a schedule, fixed hours, fixed compensation, and other standard employment terms. In addition, employees working for provincially regulated employers will receive protection under the Employment Standards Act, 2000, while employees working for federally...

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