Should I be Looking for an Employment Lawyer, or use the Ministry of Labour Process? When an employee's job is terminated, a common question employment lawyers are asked is: "Should I hire an employment lawyer to help with my dismissal, or get help from the Ministry of Labour?" As always, the
What Rights do I Have as an Employee in the Ontario Employment Standards Act? – Back to Basics
What is the Employment Standards Act, 2000? All employees in Ontario who work for a company that is provincially regulated are protected by the minimum requirements set out in the Ontario Employment Standards Act, 2000 (the "ESA"). The ESA is the foundation of employment law rights in Ontario
My Employer was Bought by Another Company. How Does that Impact My Job?
The Effect of a Business Sale on an Employee in a Non-Unionized Context What happens if my current employer is acquired by another company? Does that mean that my job was terminated? Do I automatically become an employee of the new owner? Most importantly, am I entitled to receive a financial
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,
Succeeding in a Wrongful Dismissal Claim in Ontario
In Ontario employment law, a wrongful dismissal a legal claim by an employee that their employer terminated their employment without a valid legal reason or justification. As discussed previously on this employment law blog, an employee's job may cease for various reasons, such as: voluntary
Ontario Employment Standards Act – Who is Exempted from Basic Employee Protections?
The Ontario Employment Standards Act, 2000 ("ESA") provides basic important legal protections for employees across the province that employers must respect. Some of these most important basic protections include: minimum wage payment of wages tips and gratuities vacation time and vacation
Employee Right to Receive Bonus Pay after Termination of Employment
Employee Payments after Termination in a Severance Package When an employee's job is terminated, the employer is usually required under Ontario employment law to provide them with a severance package, which will usually include all of the regular compensation they would have received during their
Are You Really an “Independent” Contractor… or an Employee? Here’s What to Look For
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