Employment Law, Labour Law, and Litigation Articles

thanksgiving day and stat holiday pay explained

Understanding Thanksgiving Day and Employment Law

Thanksgiving Day in Canada, celebrated on the second Monday in October, is a cherished holiday that offers a moment for reflection, gratitude, and family gatherings. Unlike its American counterpart, Canadian Thanksgiving is rooted in giving thanks for a successful harvest, reflecting the country's agrarian past. Today, it encompasses broader themes of gratitude for one's blessings, including family, friends, and overall well-being. Purpose of Thanksgiving Day The essence of Thanksgiving Day is to acknowledge the bounty of the past year within a...

October 4, 2024

workplace investigator and employment investigations

A Workplace Investigator and the Employment Investigation

In any organization, workplace issues such as harassment, discrimination, or misconduct can arise. Addressing these concerns in a thorough and impartial manner is critical to maintaining a healthy work environment. This is where a workplace investigator comes in. In this article, we will explore the role of a workplace investigator and why an employment investigation is essential for resolving workplace conflicts. What Is a Workplace Investigator? A workplace investigator is a neutral third-party professional responsible for conducting comprehensive investigations into workplace...

September 30, 2024

forced dismissal or forced resignation article

Understanding Forced Dismissal in Ontario

In an ideal work environment, employees have the freedom to leave their jobs on their own terms or remain employed as long as they are fulfilling their duties. Unfortunately, there are situations where workers are put under pressure to leave their positions involuntarily, a situation commonly referred to as forced dismissal or forced resignation. Forced dismissal can have serious legal consequences for both employees and employers. It is important to understand what forced dismissal is, how it differs from voluntary...

September 24, 2024

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...

September 23, 2024

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...

September 18, 2024

The Gig Economy: What Workers Need to Know

Traditionally, gig workers were considered freelancers or independent contractors. However, the rise of on-demand platforms, or the “gig economy,” has blurred the lines between independent contractors and traditional employees. What is Gig Work? Gig work is characterized by three key factors: Temporary, with no expectation of continued work. Paid on a per-assignment basis. Flexible, with workers choosing when and how much they work. Many gig workers operate through digital platforms, like Uber and DoorDash, which connect them with clients. While these workers...

September 17, 2024

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...

September 16, 2024

Understanding Non-Disparagement Clauses

When employees and employers part ways, whether through termination, resignation, or settlement, it’s common for agreements to include a non-disparagement clause. This legal provision can significantly impact an individual’s ability to discuss their former employer and colleagues. But what does this clause actually mean, and what should employees be aware of before agreeing to it? This article explores the ins and outs of non-disparagement clauses, including their meaning, limitations, and what employees give up when they agree to these terms. What...

September 16, 2024

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,...

September 15, 2024

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...

September 14, 2024

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Monique Crichton

I had a consultation with an employment lawyer and it went so well. Leading up to the meeting the clerk was responsive, informative and helpful; not to mention very polite. When I had the opportunity to sit with the lawyer she was friendly, attentive, and very well educated. She gave me honest answers to all my questions and provided me with all my options very clearly. It was a pleasure to talk with her and it made me feel a lot better about my situation. She calmed me down and made me feel heard and that I am not alone.I would recommend them to others.

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Christina

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Gisele Godin

I was in distressed for 24 hours when I unexpectedly lost my job yesterday. This morning, I had a meeting, and it turns out, I'm not the only one in this position when it comes to employment and that makes this stress less heavy. Thank you Achkard Law for your support and expertise.Looking forward to working with you.Gisele

kenneth smith

The whole team, from the start with Rachel and Charles to the conclusion of the hard work and success by Natalie was very positive. I have never been in a situation of constructive dismissal or without a job. They were an outstanding resource and well worth it. I hope they continue to expand their business and hopefully come out west. I would certainly recommend this company and particularly Natalie.

Derrick Ransom

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Marco Tasca

Excellent, professional and thorough. Communication was always clear and concise and they were open and available for questions and support throughout the whole process. Everyone I dealt with at the office was great. Thank you Madison, Charles and Natalie for your quality work! Couldn't be happier with the process from beginning to end and of course, the result.

Kay Zee

Christopher was extremely supportive during a transitional period at my workplace. Together, we explored my options, and his guidance was consistently insightful. I had an outstanding experience and would certainly enlist his services again anytime in the future.

Matthew Mccormick

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Leandra LeGendre

I had the pleasure of working with Chris regarding a severance package. He was thorough, asked great questions, and made sure things I hadn't thought about were covered and that I was being treated fairly. In addition to being happy with the quality of Chris' work, he was kind and even asked about my daughter. He clearly cares about people and that value came through in our conversations which I appreciated.

Rachel Lea Heide

My first consultation meeting with associate lawyer Mariel was very positive and helpful. I really appreciated her questions, empathy, listening, and expertise and advice she was able to give even at the very beginning of my file. If my work situation doesn't improve, I do look forward to working with Mariel and the Achkar Law firm team to tackle the issues.

Jennifer quirk

I had a great experience. Great team, very helpful and understanding. Will use them again in the future.

Mac MacGillivray

Madison was a great resource and put my mind to ease. I look forward to working with Madison to resolve my claim. Achkar Law took the time to research my concerns, were quick to respond on line and spoke to a lawyer within 24 hours. They provide kind and friendly service and care about their clients.

Adam Buchnea

Charles was very knowledgeable and resolute during our strategy consultation. I appreciated having skilled eyes on our contracts, which will undoubtedly pay off in the long term.

Dakota Little

I had a talk with Charles Millar, and he was a gentleman and a scholar. Very knowledgeable and extremely helpful. He demonstrated in depth understanding of the rules and laws surrounding my issue, which made me feel comfortable in his representation.I’ll continue to utilize the skills of Charles as well as the rest of his team.

J. T.

Charles is an absolute professional. He is approachable and answers all the questions that I have regarding my case. He read through all the materials that I shared with him before the meeting, so that I did not need to repeat myself. Our strategy session was very productive, and he shared all the actionable steps and provided great legal advice. I will reach out to him again if we need additional help.

Understanding Thanksgiving Day and Employment Law

A Workplace Investigator and the Employment Investigation

Understanding Forced Dismissal in Ontario

Choosing a Workplace Lawyer

Employee vs Contractor?

The Gig Economy: What Workers Need to Know

Contra Proferentem in Ontario – Ambiguity in Employment Contracts

Understanding Non-Disparagement Clauses

Wrongful Termination in Ontario: Essential FAQs

Employer Retaliation and Employees Rights in Ontario

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