While Ontario employment law is a changing and sophisticated area, having the guidance of an experienced Ontario employment lawyer. In this employment law blog, we discuss some of the top 4 things all employees (and employers) in Ontario should know when trying to navigate workplace issues and disputes.
1. Ontario Minimum Labour Standards under Legislation
In Ontario, all workers and companies must follow the minimum labour (or employment) standards set out in the Employment Standards Act, 2000. This is an important piece of employment legislation that prevents workers from sign away their employee legal rights. In fact, even if an employer requires an employee to sign an employment contract agreeing to work below these minimum employment standards, a court will find them legally invalid in a wrongful dismissal claim and the employee will still be entitled to those basic rights. Among many requirements, the Employment Standards Act, 2000 governs all workplace rights and responsibilities involving, for example:
- minimum wage
- overtime
- job-protected leaves of absence
- vacation pay and vacation time
- public holiday pay
- notice of termination and severance pay
2. Termination of Employment
If you are an employee who was fired from your job, you have important legal rights and options to discuss with an Ontario employment lawyer in a consultation to understand your next steps. Generally speaking, employers in Ontario need a good reason to let you go, and if they do not have one, you might be entitled to some serious compensation. Among other things:
- Reasonable Notice of Termination: In Ontario, employers generally need to give you “reasonable notice” of termination under common law, which can be weeks, months, or even years, depending on factors like your job, how long you’ve been there, and your age.
- Severance Package: If your employer does not provide you with appropriate amount of reasonable notice of termination, you might be entitled to severance pay (also known as a financial compensation severance package). This is basically a financial cushion to help you get by while you find a new job.
- Wrongful Dismissal: Think your firing was totally unfair? You might have a case for wrongful dismissal. This can be a complex legal battle, so getting advice from an Ontario employment lawyer is your best bet.
3. Workplace Harassment and Discrimination
No one deserves to be harassed or discriminated against at work. That is why Ontario law protects employees from all sorts of unfair behaviour, and requires employers to ensure there workplace is free from:
- Discrimination based on circumstances like an employee’s race, gender, religion, disability, ethnicity or place of origin. The bottom line is when it comes to discrimination law: everyone should be treated fairly and equally, regardless of their personal characteristics.
- Harassment, such as anything that makes you feel uncomfortable, unsafe, or humiliated at work. This can include physical violence, verbal, or online forms of harassment, bullying, intimidation, or other offensive or unwelcome comments or conduct.
If you are an employee experiencing any of this, speak up! Report it to your employer, a union representative, or the Ontario Ministry of Labour. You have the right to a safe and respectful work environment.
4. Employees Should Always Review a New Employment Contract with an Employment Lawyer
While landing your dream job or a new promotion is exciting, it is important hold on and take a deep breath before signing an employment contract. This is not just done for formality – once signed, it becomes a legally binding blueprint of your future workplace relationship, including your rights and responsibilities at work if there is a problem, dispute or any other issues. This is why it is crucial to always review (and where possible, negotiate) your employment c contract with an employment lawyer, so that:
- You can understand the legal jargon: Employment contracts are written in legalese, and a top Ontario employment lawyer will help you grasp every clause, comma, and sneaky loophole your employer may include in the legal document.
- Protecting your employee rights: Employment contracts, while outlining your responsibilities, often tilt the scales in favor of the employer. An experienced Ontario lawyer can identify clauses that limit your rights, restrict your future career moves, or impose unfair termination provisions that will significantly limit your financial compensation in a severance package if you are wrongfully dismissed. With their expertise, an employment lawyer can negotiate on your behalf to ensure the contract is fair and balanced, protecting your interests both during and after your employment.
- Spotting hidden costs: Your salary might look fantastic, but an employment lawyer can uncover hidden costs buried within your employment contract, such as limited termination (severance pay) if you are wrongfully terminated; non-solicitation agreements; onerous intellectual property provisions that require you to assist your employers even after your employment is terminated or you choose to resign; and restrictive clauses that require you to forfeit or even return bonuses if you leave before a certain date. Knowing these costs upfront lets you make informed decisions and negotiate for better terms.
Investing in an employment lawyer to review your employment contract is an investment in your future, much like buying insurance for your career, providing peace of mind and protecting you from unexpected pitfalls. Remember, even the most seemingly straightforward contract can hold hidden surprises. Do not gamble with your employee legal rights – let an employment lawyer be your champion in the negotiation arena.
Call Employment Lawyer Toronto Today
If you are an employee who believes you were wrongfully dismissed from your employment without a fair severance package, or are experiencing workplace hostility or other difficulties, please call today to discuss your options and next steps on how to deal with a wrongful dismissal. As an employment law firm in Toronto, Bune Law has reviewed and negotiated improvements to many severance packages. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.