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11 Things Your Boss Can’t Legally Do in Ontario
Many employees are unsure where the line is between poor management and illegal workplace conduct. In Ontario, employers have significant authority, but there are clear limits under employment law, human rights law, and workplace safety legislation. If your employer crosses those limits, you may have legal options.
Think your employer may have crossed a legal line?
Small details can significantly impact your claim. Get advice before taking action or making any decisions about your employment.
Call: 1-800-771-7882 Speak With an Employment LawyerDiscriminate against you
Your employer cannot treat you unfairly based on protected grounds under the Ontario Human Rights Code. This includes disability, family status, gender, race, religion, age, sexual orientation, and other protected characteristics. Discrimination can occur in hiring, promotions, discipline, termination, and day-to-day treatment. It includes failing to accommodate caregiving responsibilities or disabilities up to the point of undue hardship.
Harass you or create a toxic work environment
Employers must maintain a workplace free from harassment under the Occupational Health and Safety Act and the Ontario Human Rights Code. Prohibited conduct includes verbal abuse or humiliation, ongoing intimidation, and failure to properly investigate and address harassment complaints. In serious cases, a pattern of harassment may support a human rights complaint to the Human Rights Tribunal of Ontario or a constructive dismissal claim.
Retaliate against you for asserting your rights
Your employer cannot punish you for filing a complaint, requesting accommodation, refusing unsafe work, or reporting workplace issues. Retaliation can include termination, reduced hours, demotion, or disciplinary action following a protected activity. Under the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Ontario Human Rights Code, reprisal is prohibited and may give rise to a separate legal claim.
Wrongfully dismiss you
Employers cannot terminate you without providing proper notice or pay in lieu of notice, and without severance where applicable. If you were let go without adequate compensation, you may have a wrongful dismissal claim. Common law severance frequently exceeds the statutory minimum under the Employment Standards Act, 2000, sometimes by several multiples. Most employees are offered less than they are legally owed.
Constructively dismiss you
Even if you were not formally fired, an employer who makes major unilateral changes to your employment may be constructively dismissing you. Examples include significant pay cuts, demotions, forced relocations, substantial changes to job duties, and creating or tolerating a toxic work environment. Where the changes are serious enough that a reasonable employee would feel forced to resign, it may constitute constructive dismissal and entitle you to severance.
Withhold or improperly deduct wages
Your employer cannot refuse to pay wages, make unauthorized deductions, or delay payment without legal justification. This includes unpaid overtime, bonuses tied to your employment, and vacation pay. Under the Employment Standards Act, 2000, most unauthorized deductions from wages are prohibited. If you are dealing with unpaid wages, speak with an employment lawyer before taking action to ensure your claim is properly documented.
Does something your employer has done sound like it crosses the line?
Understanding your rights before you act protects your options and your entitlements. Our employment lawyers advise employees across Ontario on workplace rights, wrongful dismissal, and human rights claims.
Review My Situation Or call us: 1-800-771-7882Force you to work in unsafe conditions
Employers must comply with Ontario workplace safety laws under the Occupational Health and Safety Act. You have the right to refuse work that you reasonably believe poses a danger to yourself or others. Employers cannot discipline or threaten employees for exercising the right to refuse unsafe work. Doing so may constitute a reprisal under the OHSA.
Deny reasonable accommodation
Employers must accommodate disabilities, family obligations, religious practices, and other protected needs under the Ontario Human Rights Code, up to the point of undue hardship. Refusal to engage meaningfully with an accommodation request, or outright denial without proper assessment, may constitute discrimination. The threshold for undue hardship is high and administrative inconvenience alone does not meet it.
Unilaterally change your job in a significant way
Employers cannot make major unilateral changes to your compensation, core duties, or work location without your agreement. Changes of this nature without consent may constitute constructive dismissal, entitling you to treat the contract as terminated and claim severance. The more substantial and fundamental the change, the more likely it is to support a legal claim.
Punish you through scheduling or pay
Employers cannot cut your hours or change your shifts as a form of punishment, particularly following a complaint or protected activity. Improperly withheld vacation pay is also prohibited under the Employment Standards Act, 2000. Where scheduling or pay changes are connected to a reprisal, they may give rise to both an ESA claim and, depending on the context, a human rights complaint.
Pressure you to resign to avoid paying severance
Employers cannot pressure you into resigning to avoid their obligation to provide notice or severance. If you are pushed out through intolerable working conditions, constructive dismissal may apply even if no formal termination took place. A resignation that results from employer pressure or conduct may still be treated as a dismissal in law, entitling you to compensation.
What to do if your employer crosses the line
Document everything
Keep detailed records of incidents, dates, what was said, and who was present. Save copies of relevant emails and communications. Start doing this now, before a situation escalates.
Do not resign without advice
Resigning without legal advice can significantly affect your entitlements, particularly if you have a constructive dismissal claim. Speak with a lawyer before making any decisions about leaving your job.
Get legal advice early
Acting early gives you more options, not fewer. A lawyer can assess the strength of your situation, advise you on the right next steps, and protect your position before mistakes are made that affect your claim.
Speak with an Ontario employment lawyer
If your employer has crossed a legal line, our team can help you understand your rights and the options available. We advise employees across Ontario on wrongful dismissal, human rights claims, reprisal, accommodation disputes, and workplace rights. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.