Employment Law
We offer our clients up-to-date information on legislative changes in all aspects of labour and employment law, as well as, knowledgeable and skillful advice in all of the following areas:
- Wrongful dismissal claims
- Severance packages
- Constructive dismissal
- Employment standards disputes
- Executive employment contracts
- Employment-related sexual harassment
- Employment-related human rights violations
- Collective agreement negotiation
- Occupational Health & Safety
- Pay equity matters
- Workers' compensation
Employment law is a very large area of law and it is up to employers to know their obligations and requirements. Having a consistent income, steady job and security in your employment is a fundamental need in today's society.
Wrongful Dismissal
Did you know that under federal and provicial labour laws, employers must pay employees a minimum severance pay if their employment is terminated? If you have done nothing wrong you may be entitled to severance pay, depending on your occupation, length with the employer (years of service) and the method in which you were terminated. Did you know that if you have a professional status, you may be entitled to a significant amount of severance. Doctor's, Lawyers, Engineers, and all other professionally affiliated occupations have their own category in employment law. If you are wrongfully dismissed, you might be able to get compensation enough to get your through financially until you find a new secure income source.
Wrongful dismissal (also known as wrongful termination) refers to a situation where an employer has terminated an employee's contract of employment with no justifiable reason or notice. Examples of wrongful dismissal are:
- dismissal without complying with a contractually mandated dismissal process, which might involve an escalating series of warning letters,
- dismissal for a wrongful cause where a dismissible action is falsely attributed to an employee;
- illegal discrimination, such as termination based on difficulties communicating in English, disability, race, religion, or place of origin;
- constructive dismissal where an employee is forced by an employer to accept a change in an employment contract or quit;
- a reduction in salary imposed unilaterally and without proper cause, or refusal to pay amounts owing under the employment contract, may also constitute constructive dismissal;
- where the end of employment is permanent and there is no intention to recall the employee, or there is no assurance of the job resuming, a dismissal has occurred, regardless if it is called termination, layoff or a leave of absence;
- where employment was terminated because a partnership voluntarily dissolved, without cause or notice;
- transfer of an employee to a subsidiary or related company may amount to dismissal by the first employer, depending on the terms of the employee's contract.
An employee wrongfully dismissed is entitled to pay in lieu of notice. In that scenario, employers must pay damages equivalent to having kept the employee on during the notice period. In assessing the reasonable notice period for breach of an employment contract, courts apply a 'rule of thumb' that an employee should receive notice of one month for each year of service.
In some situations, a wrongfully dismissed employee may be entitled to receive additional damages for mental distress and damages aimed to punish and deter an employer. These damages are called "aggravated damages" and "punitive damages", and both may be awarded if the facts are sufficient to support both claims.
Regardless of whether an employee is terminated with or without a reason, an employer must comply with the following obligations:
- deal with the employee's outstanding pension requirements;
- pay all outstanding wages and vacation pay;
- deliver the completed "Record of Employment" to the government, and a copy to the employee.
At Verbanac, we will help you to receive monetary compensation as a result of a wrongful dismissal.
Severance Pay
A common practice in current employment, especially in technology based industries, is to notify employees of their termination and then immediately escort them from the premacies. This is typically justified because of security concerns and the potential for disgruntled employees to damage, destroy, or steal valuable company assets. However, this does not mean you are not entitled to be paid for the time off in-lue of the required notice of termination.
Employers often have severance papers prepared in advance and present them to you at the termination meeting. They pressure you to sign the severance agreement on the spot or within 24-48 hours. DO NOT SIGN any such document until you have obtained legal advice and know your entitlement and the companies obligations under labour laws.
Defamation of Character
Termination of employment can often result in a tarnished reputation, especially in smaller industries where everyone knows everyone. It is your right to obtain privacy and confidentiality regarding your employment history and to maximize your potential to get another job in your industry of experience.
If your character has been brought into question by your employer, speak to an attorney and know where you stand.
Harassment or Discrimination at Work
The Ontario Human Rights Code prohibits discrimination and harassment based on race, colour, ethnic origin, religion, gender, age, disability, sexual orientation, marital status and family status. If you feel that your rights under the Human Rights Code have been violated, seeking the advice of an experienced and informed employment lawyer can help you understand your rights and your options to remedy the situation. At Verbanac, we have represented clients in all areas of employment. Harassment and discrimination cases are not to be taken lightly. Your rights deserve protection, and you deserve to work in a non-hostile work environment.
The anti-discrimination and harassment policies of many organizations are equipped to handle complaints and deal with them confidentially in the workplace, but these quick procedures may not serve your best interests.
Sexual harassment, racial discrimination, religious discrimination and any other Human Rights Code violation can be devastating to a victim. It may be difficult to return to work or to face co-workers after certain incidents, and that is not your fault.
We have extensive experience and knowledge in handling cases on behalf of employees in a variety of industries. If you have been the victim of harassment and discrimination, we can help you evaluate your options and pursue the resolution that can best serve your interests and compensation for the pain and suffering you have endured.
Short-term Leave
Both maturnity and medical reasons may be valid short-term leave reasons. By law, employers must allow expectant mothers or fathers leave from work and commit to retaining their positions when they are ready to return within a reasonable time. This time also still counts towards years of service for severance purposes.
Stress is a common ailment in modern businesses and many companies have practices in place to help employees cope. But regardless, sometimes time off is required when recommended by a medical professional. This short-term leave may come with entitlements to you based on your employer, health plan, medical reasons, etc.
Long-term Disability
Long-term disability is a hot topic in the workplace. We all hear stories of people with disabilities being denied claims by insurance companies, being asked to return to work earlier than medically suitable, and struggling financially. All these add additional stress on a person whom may already be suffering both mentally and physically because of the disability. The most important thing is to heal the best you can, heal mentally and prepare for the changes in your lifestyle, workplace, and homelife due to the disability.
