Ontario Employment Lawyer instead of Ministry of Labour

Why Employees Should See an Employment Lawyer After Termination, Not the Ministry of Labour

Being terminated from a job is a stressful and often confusing experience. You may feel overwhelmed and unsure of your next steps. While it may natural to seek help, it is crucial to understand the limitations of government agencies like the Ontario Ministry of Labour and the advantages of consulting with an experienced employment lawyer in Toronto.

Understanding Your Rights: The Role of an Employment Lawyer

When you are terminated from your employment, your employment rights are at stake. An employment lawyer in Toronto is a legal professional specializing in employment law, especially workplace disputes. They can provide invaluable guidance on:

Wrongful dismissal claim: determining if your termination was legal and whether you are entitled to financial compensation in the form of a severance package.
Constructive dismissal claim: assessing whether your employer’s actions were significant enough to amount to an unofficial termination justifying a potential involuntary resignation, making them responsible for providing you with a severance package.
Severance packages: reviewing your severance package, negotiating your severance package and helping you determine if you receive a fair severance package.
Discrimination: identifying if you were terminated due to discrimination based on protected grounds (e.g., age, race, gender, disability, ethnicity, and so on).
Employment contract: helping protect your legal rights as an employee by preparing, reviewing and negotiating a new employment contract with your employer.

Ontario employment lawyers have in-depth knowledge of employment standards legislation, common law, and case precedents.They can assess your specific situation and advise you on the best course of action.

The Limitations of the Ministry of Labour

The Ontario Ministry of Labour is a government agency responsible for enforcing employment standards. While they can investigate certain employment-related complaints and enforce any remedies they award to an employee, their role is limited.

Limited scope: The Ministry of Labour primarily deals with issues like unpaid wages, termination pay, severance pay, overtime pay, and vacation pay. They may not be able to assist with complex matters, such as wrongful dismissal claims, constructive dismissal claims, or discrimination claims.
Time-consuming process: Investigations by the Ministry of Labour can be lengthy and bureaucratic process, causing delays in resolving your case. In fact, if an employee begins but does not withdraw their Employment Standards Complaint within the required timeline (two weeks), they will be unable to proceed with a court claim to pursue their common law rights, such as wrongful dismissal.
Limited remedies: Even if the Ministry of Labour finds in your favour, the remedies available may be limited compared to those obtainable through a legal claim, including only enforcing the minimum statutory entitlements to termination pay, severance pay, benefits continuance, unpaid wages, overtime pay, and public holiday pay under the Ontario Employment Standards Act, 2000.

Why Choose an Employment Lawyer

- Expertise: Ontario employment lawyers have specialized knowledge of employment law and can provide expert advice.
- Advocacy: They will represent your interests and negotiate on your behalf, including negotiating a better severance package with your employer.
- Litigation: If necessary, they can represent you in court claims for wrongful dismissal, constructive dismissal or discrimination complaints.
- Personalized service: You have a dedicated professional working on your case to enforce all of your legal rights and entitlements under common law, as opposed to only the statutory minimums under the Ontario Employment Standards Act, 2000.
- Potential for higher recovery: Employment lawyers can often secure larger settlements or awards than through the Ministry of Labour (particularly common law rights to a severance package).

Important Tips for Employees to Avoid

Delaying legal advice: seeking legal advice promptly is crucial to preserve your rights, especially by obtaining a consultation with a Toronto employment lawyer.
Signing a waiver without legal review: avoid signing any severance package agreement or full and final legal release agreement without consulting an employment lawyer to understand your rights and options.
Providing too much information: Be cautious about what you share with your employer or others, as it could impact your case, especially if the employer requires a confidentiality provision in a severance package agreement.
Representing yourself: Attempting to handle your case without legal expertise can be risky, as employers are thoroughly represented by experienced employment lawyers that make handling workplace disputes an uneven playing field.

Conclusion

When facing termination, consulting with an employment lawyer in Toronto is often the most effective way to protect your employee legal rights and seek fair compensation, including a severance package to compensate you for a wrongful dismissal claim or constructive dismissal claim. While the Ontario Ministry of Labour can assist with certain minimum employment standards issues, it is generally not equipped to handle complex employment disputes, such as a combination f wrongful dismissal claim and discrimination. By understanding the limitations of government agencies and the advantages of legal representation, you can make informed decisions and increase your chances of a successful outcome.

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.