The laws governing employer-employee relations in Canada are quite complex and often difficult to navigate. The purpose of this page is to provide a brief summary of the core principles of employment law in Ontario. If you suspect that your employer is mistreating you or has wrongfully terminated your employment, you should consult a lawyer immediately to ensure that your employment law rights are protected.
Employees frequently fail to consult an employment lawyer after their dismissals. An employee ends up signing a release and accepting an offer that is too low. You must consult an employment lawyer to learn what your rights are. A cursory review of online sources on employment law is not enough. You should not act without getting legal advice.
Employee duties in employment law
Furthermore, as an employee who has been dismissed you have certain obligations and duties after you have been dismissed. For example, you cannot misuse and of your employer’s private information or attempt to cause financial harm to your employer as an act of retribution. You also have a duty to mitigate your losses. This means that even if you have been wrongfully dismissed, you must look for work. Employment law principles dictate that even if you are successful in a wrongful dismissal action, the damages you may be entitled to may be reduced if you did not make reasonable efforts to find and secure alternative employment.
Even if you are upset about your dismissal, you must take positive steps to decrease your losses. Even if you have a strong wrongful dismissal case, you still must mitigate your losses. Your failure to mitigate can lead to a reduction in your compensation. An employment lawyer can explain the relationship between your wrongful dismissal and the duty to mitigate. Obtaining legal advice will will ensure that you understand your responsibilities after your dismissal.
Employment law and resignation
An employment lawyer can also assist you if you have resigned in anger as a result of being put in a situation by your employer where you believed you had no other choice but to resign. An employee resignation must be voluntary. In other words, if your employer has engaged in conduct that forced you to resign, that resignation may be invalid.
There are many instances when the employer may directly ask the employee to resign. If your employer asks you to resign, you must speak with an employment law lawyer. You should not attempt to deal with your employer without legal representation.
What can an employment lawyer do for you?
Employers often attempt to shortchange employees. The employees often do not realize this is happening. A search on the internet may be misleading and may cause you to make significant errors which impact your rights. Although it may seem like the employer has just cause to dismiss you, often that is not the case. There are many instances when an employee should have been first been warned or disciplined instead of being dismissed. You may be the victim of a termination without cause. An employment lawyer can provide guidance as you attempt to make sense of employment law principles while trying to arrange your financial affairs.
Furthermore, your employer may make you an offer in a termination letter that is slightly more generous than the Employment Standards Act minimum but the offer may still be much less than what you may be entitled to at common law. Employment law principles govern entitlement to termination and/or severance pay. These principles can be difficult to understand. An employment lawyer can help you with your case.
It is therefore very important to seek legal advice before making any decisions regarding your dismissal. The wrong decision may have significant financial consequences as you may end up harming your ability to recover significantly higher compensation.
Employers and companies must also be very careful when thinking of dismissing or modifying the duties of their employees. Although you may believe that you are acting in accordance with employment law principles when dismissing employees or re-organizing, it is possible that you are leaving your business exposed to wrongful dismissal or constructive dismissal litigation. Furthermore, Ontario Courts recognize the power imbalance between employers and employees when applying employment law principles. In most cases, employees have no choice but to work and avoid confrontation even if the actions of the employer are disagreeable.
There are many instances when an employer may have done something amounting to a fundamental breach of the employment contract without even knowing the underlying employment law concept. The violation may only become known to the employee after consulting with an employment lawyer. Employers must therefore be cautious when modifying the employment relationship in order to avoid litigation at a later date.
Employment law issues
Below are some common employment law issues. The information is not legal advice. It is only for informative purposes. Speaking with an employment lawyer is your best option if you are uncertain about employment law in Ontario.
- Employment Lawyer
- Employment Contracts
- Employee Rights
- Wrongful Dismissal
- Constructive Dismissal
- Duty to Mitigate
- Workplace Discrimination
- Dismissal With Cause
- Long Term Disability
Whatever employment law issue you may have, it is important to seek legal advice from an experienced employment lawyer. Professional legal help is necessary when dealing with employment law matters. You should consult an employment lawyer to protect your rights as an employee. This will allow you to protect your rights and to know what your duties and responsibilities are.
Finally, as an employer, obtaining advice from an employment law lawyer is crucial. The employer must assess all risks when making personnel decisions.
The information on this website is for informative purposes only. It is not legal advice. You can retain a lawyer only after a consultation. If you need a wrongful dismissal lawyer or if you have employment law issues, call me at: 416 323 3614