How an Ontario Employment Lawyer Helps Employees

If you are an Employee in Ontario, Here’s How an Ontario Employment Lawyer Can Help You

Employment disputes are an inevitable aspect of workplaces in Ontario, often between an employer and one of its employees. If you are involved in an employment dispute in Ontario, hiring an experienced Toronto employment lawyer can help you navigate complex legal issues and ensure your legal rights are protected. Employment lawyers in Ontario specialize in resolving a wide range of employment-related disputes, including wrongful dismissal and constructive dismiss to issues of harassment, discrimination, and severance package negotiations.

In this blog, we will explore the types of employment disputes an Ontario employment lawyer can assist with, focusing on two main areas: Employment Lawyer Services for Employees and Employment Lawyer Services for Employers.

Employment Lawyer Services for Employees

Ontario’s Employment Standards Act (ESA) provides a broad range of protections for employees, but navigating these rights can often be confusing. An employment lawyer can help employees fully understand their rights and provide valuable assistance in disputes with their employers. Below are some of the most common employment issues that an Ontario employment lawyer can help employees resolve.

1. Wrongful Dismissal

A wrongful dismissal claim is one of the most common reasons employees seek legal advice from an Ontario employment lawyer. A wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or severance pay as required by common law or the ESA, or alternatively, terminates an employee alleging just cause for dismissal but is unable to prove it.

In such cases, a top employment lawyer in Toronto can assist employees with determining whether their dismissal was lawful and, if necessary, pursue legal action for wrongful dismissal, such as by negotiating a fair severance package (obtaining proper severance pay financial compensation).

2. Constructive Dismissal

A constructive dismissal occurs when an employee is forced to resign due to the employer’s unlawful actions, which effectively make it impossible to continue working in unlawful terms and conditions of employment. This can include drastic changes to an employee’s job duties, a toxic work environment, or failure to pay wages.

An experienced employment lawyer can help employees understand their rights in cases of constructive dismissal and explore options such as claiming constructive dismissal and pursuing package, or other appropriate remedies (such as bad faith damages). Most importantly, employees should only pursue a constructive dismissal with the assistance and guidance of an employment lawyer before taking any steps that could impact their legal rights.

3. Unpaid Wages and Overtime Pay

Ontario employment law mandates that employers pay employees for the work they perform, including overtime where applicable. However, many employees face disputes over unpaid wages, unpaid overtime, or failure to receive proper compensation for hours worked. In such cases, employment lawyers specializing in wage disputes can help employees recover unpaid wages, ensure they are properly compensated according to the ESA guidelines. Among other things, it can include directly negotiating unpaid wages claims on behalf of employees with an employer, assisting in filing a claim for unpaid wages with the Ontario Ministry of Labour, or commencing a constructive dismissal claim against the employer.

4. Workplace Discrimination

Workplace discrimination based on age, gender, race, disability, race, and other protected grounds are illegal under the Ontario Human Rights Code. Employees who face discrimination or harassment in the workplace may be entitled to compensation, and employers are obligated to provide a safe, respectful work environment.

An employment and human rights lawyer can guide employees through the process of filing a human rights complaint with the Ontario Human Rights Tribunal, represent them in investigations, and help resolve disputes that arise from discriminatory treatment claims with employers, including negotiating a wrongful dismissal and discrimination in the form of a severance package.

5. Employment Contract Disputes

Employment contracts outline the terms and conditions of employment, including compensation, benefits, termination clauses, and more. Disputes often arise when employees believe their employment contract has been violated or when there is ambiguity over certain terms.

An employment lawyer can assist employees in reviewing and negotiating their employment contracts before joining a new company, ensuring that their employee legal rights are protected. If disputes arise, a Toronto employment lawyer can represent the employee in seeking an amicable resolution or, if necessary, pursue legal action for breach of contract.

6. Occupational Health and Safety Violations

Ontario employees have the right to work in a health, safe and respectful environment. If an employer fails to meet occupational health and safety standards under the law, employees have the right to raise concerns, request inspections, and file complaints with the Ministry of Labour.

An employment lawyer can provide legal guidance on workplace safety issues, including representing employees in cases involving workplace accidents, unsafe working conditions, or retaliation for raising health and safety concerns.

7. Severance Packages and Benefits

After a wrongful termination or constructive dismissal, employees are often entitled to a severance package, which can include termination pay, severance pay, bonus pay, commission pay, pension benefits, continued benefits, and other forms of financial compensation. However, not all severance offers are fair or adequate in a termination of employment, which is why it is important for all employees to obtain a severance package review with an employment lawyer before accepting or signing any documents requested by an employer.

An Ontario employment lawyer can review severance packages or even negotiate severance to obtain maximum severance pay for employees, ensuring that all employers meet the legal requirements and helping employees negotiate for better terms when necessary. They can also ensure employees continue receiving benefits like health insurance during their transition period.

Conclusion

Ontario employment lawyers play a critical role in resolving employment disputes for both employees and employers. For employees, they can provide valuable assistance in navigating wrongful dismissal, wage disputes, workplace harassment, and more. For employers, they offer guidance on hiring practices, employee terminations, workplace compliance, and dispute prevention.

Whether you are an employee facing a challenging workplace dispute or an employer seeking to avoid legal pitfalls, consulting with an experienced Ontario employment lawyer is essential for protecting your rights and interests. Legal advice tailored to your specific situation can save you time, money, and unnecessary stress.

If you are dealing with an employment issue in Ontario, don’t hesitate to reach out to a qualified employment lawyer to discuss your options and find a resolution that works for you.

Book a Consultation with an Employment Lawyer in Toronto

At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you.

Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights.

Why Choose Bune Law When You Need an Ontario Employment Lawyer?

Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.

If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492.