Am I an Employee or Independent Contractor? One of the most common questions employment lawyers in Ontario are asked is whether a specific worker happens to be an "employee" or an "independent contractor". This question is important because it gives right to different legal protections and
Severance Pay in Ontario
Severance Pay in Ontario Employment lawyers are often tasked by employee clients to negotiate a severance package or obtain their fair share of Severance Pay from their employer. What is it? In Ontario, it refers to compensation that is paid to an employee as a result of losing their job. It
Ontario – Temporary Changes to Employer Obligations to Fund Pension Plans
Employee Pension Plan When it comes to pension plans, many employees participate in an employer's pension benefits program as part of their job's compensation package. This often makes up a significant part of an employee’s remuneration package. Generally, the longer the employee participates in a
Employee Termination Checklist – Resources for Employers
Termination of Employment For most employers, the topic of terminating an employee form their job can be difficult and stressful. Aside from financial business-related reasons for the termination (e.g., downsizing), there are important legal considerations that must always form part of an
Employers’ Duty to Accommodate Employee Family Care-giving Obligations in Ontario
A recent national survey shows one-third of female employees in Canada have considered quitting their jobs to take care of home responsibilities during the COVID-19 pandemic. That is a significant and unfortunate statistic, given that women make up a valuable segment of our workforce and
General Legal Steps in a Wrongful Dismissal Case
In a typical wrongful dismissal case, the initial step is to attempt negotiations to obtain a fair and reasonable financial severance package with the employer with the help of an experienced employment lawyer. Severance Package Negotiations in Wrongful Dismissal Cases What is a Severance
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Employees Proving Wrongful Dismissal and Workplace Harassment Reprisal
Workplace Harassment, Discrimination and Wrongful Dismissal As employees, we spend the majority of our daily lives at the workplace. As with any human interaction, workplace conflicts are an inevitable part of an employee's work life. While workplace conflict is typical, not all employees have the