The vast majority of workers spend their entire working lives without ever requiring legal assistance. Something happens in the workplace that causes you to question all you’ve believed about your rights, though. Maybe your supervisor suddenly changes your job tasks without warning. Maybe you’re being let go, and the severance package is not satisfactory. Or you’re suffering from workplace harassment that HR doesn’t want to solve. In these situations, consulting with a labour lawyer in Ontario can help you understand your rights and explore your legal options.
These scenarios give you a sinking sensation. You realize something is not right, but you cannot determine if it’s actually against the law. The truth is, most workplace problems don’t require a labour lawyer in Ontario. But some definitely do. The problem is figuring out the difference before it’s too late to defend yourself.
Wrongful Dismissal Situations
Getting fired hits you like a punch to the gut. Your income disappears overnight. Your routine crumbles. The stress can be overwhelming.
But not every termination is wrongful dismissal under Ontario law.
You might need a labour lawyer if:
- Your employer fired you without providing proper notice or pay in lieu of notice
- The reason given for termination seems fabricated or unreasonable
- You were terminated shortly after filing a complaint about workplace conditions
- Your employer claims you were fired “for cause,” but the reasons seem trivial
The Employment Standards Act mandates minimum notice periods. Maybe you were at the same firm for fifteen years and got just eight weeks’ notice. That may be enforceable under the Act, but judges tend to award a lot more in cases of wrongful dismissal.
The calculation isn’t simple. It is based on things that most individuals don’t comprehend. Failing the limitation period results in the loss of your right to claim further compensation forever.
Workplace Harassment and Human Rights Offences
No one should fear coming to work each day. But workplace harassment is surprisingly prevalent throughout Ontario.
Consider legal help when:
- Your supervisor makes comments about your age, appearance, or personal life
- Colleagues create a hostile environment based on your protected characteristics
- HR dismisses your complaints or fails to investigate properly
- The harassment escalates after you report it
Documentation is key in such situations. Harassment seldom resolves by itself. It usually gets increasingly worse with time.
Employment Contract Disputes
Work contracts are often intimidating documents packed with legalese that are seemingly intended to scare employees.
Very few people read these contracts carefully before signing them. They only realize later, when something goes wrong, that they have agreed to clauses that cut down their rights drastically.
Some of the most common contract issues are:
- Non-compete clauses that make you unable to work in your profession
- Termination clauses that offer fewer than the law mandates
- Probationary periods that seem to stretch indefinitely
- Commission structures that change without notice
The enforceability of such clauses hinges on certain legal tests about which most individuals are unaware. Certain terms in contracts are entirely unenforceable according to Ontario law, yet workers may not be aware of this.
You may assume that inking a contract makes you bound by its terms. Not necessarily. Courts regularly invalidate contracts with provisions that are unfair or illegal.
Unpaid Wages and Benefits
Getting ripped off for money you’ve worked for is like theft. Because, in effect, that’s what it is.
The Employment Standards Act in Ontario mandates employers to pay wages in a timely manner and to offer certain benefits. But some employers attempt to bend or violate these regulations.
Watch for these red flags:
- Overtime pay calculations that don’t match legal requirements
- Vacation pay that’s miscalculated or withheld
- Commission payments that are delayed or reduced without explanation
- Expense reimbursements that never arrive
The Ministry of Labour can help with basic wage claims. But it’s a time-consuming process and doesn’t always lead to the complete recovery of what you are owed.
Difficult situations with large sums or disputed amounts necessarily call for expert legal assistance. The consequences can be tremendous, particularly for sales staff or managerial staff.
Constructive Dismissal
Other times, employers don’t lay you off. They make your job terrible or alter your working conditions so significantly that you can’t help but quit.
This is called constructive dismissal, and it’s treated legally similarly to wrongful termination.
Examples include:
- Significant salary cuts without agreement
- Demotion to a lesser position
- Major changes to job duties or reporting structure
- Relocation requirements that make the job impossible
When to Act Quickly
Employment law has strict time limits called limitation periods. Miss these deadlines and you lose your rights permanently.
Most wrongful dismissal claims must be started within two years. Human rights complaints have a one-year deadline. Some situations have even shorter timeframes.
Time begins ticking from certain dates that are not always known. Seeking legal guidance at an early stage assists in protecting your options and maintaining evidence before it disappears.
Waiting too long is likely the biggest blunder employees make in job disputes. The relief you feel from sidestepping the problem now can become regret to live with later.
