Employment Law
For Employees
Employment Law
Employment Lawyer for Employees in Ontario
If you have been wrongfully dismissed, received an unfair severance offer, experienced workplace discrimination, or are facing a disability benefits dispute, our experienced employment lawyers in Ontario can help you understand your legal rights and explore your next options.
At Nanda & Associate Lawyers, we represent employees in all employment law matters across Ontario. Our employment law services focus on helping employees navigate workplace disputes, protect their legal rights, and make informed decisions about their employment and financial future.
You do not have to navigate your complicated employment dispute alone. Contact our employment law team to discuss your circumstances and learn how we may be able to assist you.
Our Employment Law Services
Understanding Employment Law in Ontario
Ontario employment law includes legislation, common law principles, and contractual obligations that govern the relationship between employers and employees. These laws address issues such as wrongful dismissal, severance pay, employment contracts, workplace discrimination, disability claims, workplace harassment, and employment-related defamation.
Understanding the laws that apply to your situation can help you identify potential rights, obligations, and remedies. Whether you are starting a new job, negotiating a severance package, dealing with workplace bullying, or challenging an employment decision, our team can help you understand the legal framework that applies to your situation.
Our Employment Law Services for Employees in Ontario
Nanda & Associate Lawyers provides employee-focused legal services across all areas of employment law.
Each employment law matter is different. The appropriate legal approach depends on the facts, the applicable legislation, your employment agreement, and the remedies available.
Wrongful dismissal generally occurs when an employer terminates an employee without providing the notice or compensation required under the employment contract and applicable law.
In Ontario, employees may be entitled to termination notice or pay under the Employment Standards Act, 2000 (ESA) and, where applicable, common law reasonable notice. The amount of compensation depends on the circumstances and whether an enforceable employment agreement limits the employee’s entitlements.
A wrongful dismissal dispute may arise when an employer:
- Terminates employment without adequate notice or compensation.
- Relies on an invalid or unenforceable termination clause.
- Fails to provide required compensation or benefits continuation.
- Does not pay outstanding wages, vacation pay, or other amounts owed.
- Dismisses an employee in circumstances involving discrimination or unlawful reprisal.
How can our employment lawyer help you with wrongful dismissal?
Our employment lawyers can review the circumstances of your termination, assess your potential entitlements, and explain your legal options.
We can help you understand whether your dismissal may give rise to a claim and whether negotiation, settlement discussions, or legal proceedings may be appropriate.
A severance package is the compensation and other benefits an employer offers when an employee’s employment ends. Depending on the circumstances, it may include termination pay, statutory severance pay, benefits continuation, bonus entitlements, and other compensation.
An employer’s initial severance offer may not reflect the full amount an employee is legally entitled to receive.
Ontario employees may have statutory entitlements under the ESA and, where applicable, common law reasonable notice. Statutory termination pay and statutory severance pay are separate entitlements with different eligibility requirements.
What Does a Severance Package Review Include?
Our severance package review and negotiation services can help employees:
- Understand their potential statutory and common law entitlements.
- Review termination clauses and severance provisions.
- Assess compensation, bonuses, commissions, and benefits.
- Identify concerns in a proposed release or settlement agreement.
- Negotiate improved severance terms where legally supportable.
Before accepting a severance offer, consider obtaining independent legal advice. Signing a release may affect your ability to pursue additional compensation or other legal remedies.
An employment contract is an agreement that establishes the terms and conditions of the employment relationship. It may address compensation, job responsibilities, benefits, working hours, termination, confidentiality, intellectual property, and post-employment restrictions.
Employment agreements can significantly affect your rights during employment and when your employment ends. Some provisions may be unenforceable or inconsistent with applicable legislation.
Why Should Employees Have Their Employment Contracts Reviewed?
An employment contract review can help you understand your legal obligations and identify provisions that may affect your future employment rights.
Our employment lawyers can review:
- Termination and severance clauses.
- Salary, bonuses, commissions, and benefits.
- Probationary periods and job responsibilities.
- Non-compete and non-solicitation provisions.
- Confidentiality and intellectual property obligations.
- Changes to employment terms and promotion agreements.
Whether you are accepting a new job, negotiating a promotion, or reviewing revised employment terms, legal advice can help you make an informed decision before signing.
The Ontario Human Rights Code protects employees from discrimination and harassment in employment based on specified protected grounds.
Workplace discrimination may involve adverse treatment because of disability, race, sex, age, religion, sexual orientation, gender identity, family status, or any other protected ground under the Code.
What Is Workplace Discrimination under the Human Rights Code?
Workplace discrimination occurs when an employee experiences adverse treatment connected to a protected characteristic in circumstances that violate human rights legislation.
Examples may include:
- Discriminatory hiring, promotion, or compensation decisions.
- Disability-related discrimination or failure to accommodate.
- Discrimination connected to pregnancy or family status.
- Harassment related to a protected ground.
- Adverse employment decisions connected to a protected characteristic.
How can our employment lawyer help you with a human rights issue?
Our employment lawyers can help employees understand their rights under the Ontario Human Rights Code, assess potential discrimination claims, and explore available legal remedies.
Depending on the circumstances, options may include an internal workplace complaint, an application to the Human Rights Tribunal of Ontario (HRTO), or other appropriate legal process.
Disability claims may arise when an employee is unable to work because of a medical condition and seeks benefits under a short-term disability (STD) or long-term disability (LTD) insurance plan.
A short-term disability claim generally involves benefits for a limited period of disability, while a long-term disability claim generally provides benefits for a longer period, subject to the terms of the applicable insurance policy.
Disability benefits disputes can arise when an insurer denies, terminates, or limits benefits, or when there is disagreement about medical evidence, eligibility, or the interpretation of policy terms.
Common Short-Term and Long-Term Disability Issues
Employees may require legal assistance with:
- Denied short-term disability benefits.
- Denied or terminated long-term disability benefits.
- Disputes about medical documentation and disability eligibility.
- Disagreements about policy definitions and benefit limitations.
- Disability benefit termination following an insurer’s reassessment.
- Disputes about an employee’s ability to perform their job or other work under the policy.
How can our employment lawyer help you with your disability claim?
Our legal team can help employees understand their potential rights and options when dealing with disability benefits disputes.
Depending on the circumstances, a disability claim may involve contractual insurance rights, human rights protections, or employment-related issues. The applicable legal framework depends on the benefit plan, insurance policy, and employment circumstances.
Workplace harassment generally involves a course of vexatious comments or conduct against an employee that is known or ought reasonably to be known to be unwelcome, subject to the applicable legal definition and exceptions.
Workplace bullying may involve repeated intimidating, humiliating, or degrading conduct. Sexual harassment and harassment connected to a protected ground may also engage specific legal protections.
Ontario’s Occupational Health and Safety Act (OHSA) addresses workplace harassment and workplace sexual harassment. The Ontario Human Rights Code separately prohibits harassment connected to protected grounds in employment.
Examples of Workplace Bullying and Harassment
Workplace concerns may include:
- Repeated humiliating or intimidating conduct.
- Unwelcome sexual comments or advances.
- Harassment based on a protected characteristic.
- Persistent hostile or degrading treatment.
- Employer failures to respond appropriately to workplace harassment complaints.
- Retaliation after reporting workplace misconduct.
Not every workplace disagreement or unpleasant interaction meets the legal definition of harassment. The circumstances and applicable legislation must be considered.
How can our employment lawyer help you with a workplace harassment issue?
Our employment lawyers can assess the legal issues arising from workplace bullying and harassment, explain your rights, and help you understand potential reporting procedures and legal remedies.
Depending on the facts, workplace harassment may also raise human rights concerns, workplace safety issues, or questions about constructive dismissal.
Workplace disputes can sometimes involve harmful statements, damage to professional reputation, or conduct that affects an employee’s employment opportunities and economic interests.
Defamation generally involves a false statement communicated to a third party that harms a person’s reputation, subject to applicable legal requirements and defences.
Intentional interference with economic relations is a specific legal claim involving intentional conduct that unlawfully interferes with another person’s economic interests. The legal elements are complex and must be established on the facts.
Common Employment-Related Defamation and Economic Interference Issues
Employees may seek legal advice about:
- Allegedly defamatory workplace statements.
- Harmful communications about an employee’s professional reputation.
- Employment-related disputes involving damaging references or communications to third parties.
- Conduct alleged to have interfered with employment or business opportunities.
- Financial or reputational harm arising from workplace disputes.
How can our employment lawyer help with a defamation or intentional interference claim?
Our legal team can assess whether the circumstances may support a defamation or intentional interference claim and explain the legal requirements, potential remedies, and available options.
These claims are fact-specific and may involve legal issues beyond employment law.
Why Choose Nanda & Associate Lawyers for Employment Law?
Employment disputes can affect your financial stability, professional reputation, and future career opportunities. Legal guidance can help you understand your rights and make informed decisions.
Employee-Focused Legal Representation
We represent employees seeking advice and legal assistance with wrongful dismissal, severance disputes, employment contracts, human rights concerns, disability claims, workplace harassment, and employment-related defamation.
Clear Advice About Your Legal Rights
We explain the legal principles that may apply to your situation, including statutory employment standards, contractual obligations, common law rights, and human rights protections.
Practical Solutions for Workplace Disputes
Where appropriate, we can explore negotiation, settlement, formal complaints, or litigation based on the circumstances and your objectives.
Support Through Important Employment Decisions
Whether you are reviewing a job offer, responding to a workplace issue, or considering a severance package, we can help you understand the potential implications before you decide how to proceed.
Speak With an Ontario Employment Lawyer Today
Frequently Asked Questions
If you have additional questions or need further assistance, please don’t hesitate to reach out to us at hello@nanda.ca. We’re here to help!
When should I contact an employment lawyer in Ontario?
You should consider contacting an employment lawyer when you are wrongfully dismissed, receive an unfair severance offer, face workplace discrimination or harassment, experience a disability benefits dispute, or have concerns about your employment contract. Early legal advice can help you understand your rights, applicable deadlines, and available options.
What is wrongful dismissal in Ontario?
Wrongful dismissal generally occurs when an employer terminates an employee without providing the notice or compensation required by the employment contract and applicable law. Depending on the circumstances, an employee may be entitled to statutory termination pay, common law reasonable notice, or other compensation. The outcome depends on the employment agreement and the circumstances of termination.
How much severance pay am I entitled to in Ontario?
Your entitlement depends on factors such as your length of service, employment contract, age, position, and the circumstances of termination. Ontario’s ESA provides minimum termination notice or pay and, for qualifying employees, statutory severance pay. Common law reasonable notice may provide additional compensation where applicable. Our employment lawyer can assess your potential entitlements.
Can I negotiate my severance package in Ontario?
Yes. Employees may negotiate severance packages, and an initial offer is not necessarily the full amount they may be entitled to receive. Negotiations may address notice compensation, benefits, bonuses, commissions, references, and other contractual terms. Before signing a release, consider obtaining legal advice about your potential rights and the effect of the agreement.
Can an employment lawyer review my employment contract before I sign it?
Yes. An employment lawyer can review your employment contract before you accept a job offer, promotion, or revised employment terms. A review may cover termination clauses, compensation, benefits, probationary periods, confidentiality obligations, and restrictive covenants. Understanding these provisions in advance can help you make an informed decision about the agreement.
What can I do if I experience workplace discrimination in Ontario?
If you experience workplace discrimination, you may have rights under the Ontario Human Rights Code. Depending on the circumstances, you may be able to raise an internal complaint, seek legal advice, or file an application with the Human Rights Tribunal of Ontario. The appropriate process depends on the facts and applicable deadlines.
Can I take legal action if my employer denies my disability benefits?
Potentially. If your short-term or long-term disability benefits are denied or terminated, you may have options under the applicable insurance policy or benefit plan. The appropriate legal route depends on the policy terms, medical evidence, and circumstances of the denial. Consider obtaining legal advice promptly because deadlines may apply.
What should I do if I experience workplace bullying or harassment?
Keep records of relevant incidents, communications, and workplace complaints. Consider reviewing your employer’s reporting procedures and seeking legal advice about your rights under the Occupational Health and Safety Act and, where applicable, the Ontario Human Rights Code. Depending on the circumstances, potential options may include an internal complaint or other legal process.
Can I bring a defamation claim against my employer?
Potentially, depending on the facts. A defamation claim generally requires proof of the applicable legal elements, and certain statements may be protected by legal defences. If workplace statements have harmed your reputation, our employment lawyer can assess whether a claim may be valid and explain your options.
How much does an employment lawyer in Ontario cost?
Employment lawyer fees vary depending on the lawyer, the complexity of the matter, and the type of service required. Please inquire about the fee structure, any potential additional costs, and the scope of representation before retaining a lawyer.
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