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Frequently Asked Questions

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Non-unionized Employees - Unionized Employees -
Independent Contractors - Employers - All Clients

Non-unionized employees

If I’m laid off, how much termination pay should I get?

It depends. Employers may not have to provide any termination pay at all if they give employees sufficient notice of layoff. If the layoff is without notice, the employer usually must provide payment in place of notice.

For Ontario employees covered by the Employment Standards Act, the law requires one week’s notice of layoff or one week’s pay after one year’s service and increases with years of service up to a maximum of eight weeks. Employees at larger employers may also be entitled to additional money known as severance pay in addition to termination pay. For more on the Employment Standards Act, click here.

However, when employees have gone to court, judges have awarded greater amounts than provided in the Employment Standards Act. The rule of thumb is one month per year of service, although the amount could be more or less than that and courts are often reluctant to award more than 12 months.

What factors are taken into account when calculating termination pay?

The character of employment (more senior employees tend to be awarded more months of notice pay), length of service, age and availability of replacement employment (an employee in a small town might be awarded more months because jobs are harder to find there).

If I hire you, will you deal with the employer directly on my behalf?

Yes, if you want me to. Sometimes, it’s strategic to for you to have the first discussion with the employer about your dispute. If so, we will prepare for that discussion together. In other cases, it’s better for the lawyer to have the first contact, especially if the employer has been difficult to deal with.

Should I get legal advice about an employment contract before I sign it?

Yes. Starting a new job is a happy occasion, and no one wants to think about the prospect of the job ending in disagreement. But sections of the contract such as termination provisions can come back to haunt you. Consult before you sign.

How do I know if I have a human rights case?

If you feel you have been discriminated against on one of the grounds set out in the Human Rights Code, you can file a complaint with the Human Rights Tribunal of Ontario. These grounds include race, age, sex, and disability. If one of the listed grounds is not present, you will not be able to go to the Tribunal. For the complete list of grounds covered in the Code, look here.

Unionized employees

If I work in a unionized workplace, can I sue in court for wrongful dismissal?

No. Workplace disputes must be taken through the grievance arbitration process set out in the collective agreement. Courts will refuse to hear the case.

If I have a union, can I hire my own lawyer?

Yes. However, you will probably have to pay the legal fees yourself, and the union will have its regular lawyer deal with a grievance filed on your behalf. However, if you are having problems getting your union to deal with your matter, a lawyer may be able to intervene and get your union to take action.

What can I do if I have a problem with my union?

If at all possible, work out the problem because your union is a crucial ally if you need back-up in dealing with your employer.

The union has a legal duty to represent you fairly. If you feel that your union has failed to give you the support to which you’re entitled, you may be able to file a complaint with the Ontario Labour Relations Board. I can assist you with that.

Independent contractors

Do you represent independent contractors?

Yes. Though independent contractors are legally independent and do not have an employee relationship with the companies they work for, they face many of the same issues. Among the most serious issues is unequal bargaining power. Contractors, make sure you evaluate that contract carefully and get independent legal advice.

Employers

How soon should an employer tell a worker that s/he’s being laid off?

As early as possible. Courts place importance on honesty and fair dealing with employees. Also, the longer the actual notice, the less you will likely have to provide in actual notice pay.

Aside from the employment contract, are there any other documents that an employer should have in place?

Yes, it is important to have an anti-harassment and anti-discrimination policy advising employees that they must treat all fellow employees with professionalism and respect, and that they must not engage in appropriate sexual discussion or make unwanted advances toward a fellow employee.

An employer is responsible for providing a harassment- and discrimination-free workplace. Having appropriate policies in place will reduce your liability if an employee files a human rights complaint.

I’m an employer and I have a lawyer who does all my legal work. Should I have a lawyer to deal specifically with employment issues?

Yes. Not only is the employment contract different from other legal contracts, employment law is an area of law that is constantly changing. It’s difficult for a lawyer who doesn’t practice in the area full-time to stay up-to-date on the latest legal developments.

All clients

How do you charge for your services?

Usually it’s on a hourly basis. The Law Society of Upper Canada, which regulates lawyers in Ontario, requires us to provide a written agreement that sets out the services to be provided and the fee to be charged. Clients pay for a block of time up front. This payment goes into a trust account and funds are transferred to the lawyer’s own account only after the client is provided with an itemized bill.

For contract review, I charge a flat fee that includes a preliminary review of the contract, a personal meeting and a written opinion.

The foregoing is general information and is not to be treated as legal advice. For legal advice about your specific situation, consult a lawyer.