Constructive Dismissal

If you do not have a written employment contract, you are entitled to Common Law Reasonable Notice. If you do have a written employment contract, depending on its wording, your entitlement to severance will fall into one of 3 camps.

Wrongful dismissal cases can vary greatly and damages incurred for wrongful dismissal can, as well. Understanding the extent of your rights and entitlement can be difficult. It is always wise to consult a wrongful dismissal lawyer before taking action.

Constructive dismissal is a legal term used to describe conduct, or requirements made of you, which are so at odds with your job that it amounts to a fundamental breach of your employment contract. This breach allows you to act as though you have been fired and seek damages.

If you have a new job, you may be feeling very positive about it right now but it's important to fully understand exactly what you're getting into. Your contract will be in force not just during the first exciting days at your new job, but during times of trouble and at the end of your term, whether you are fired or choose to resign.

Many employees are not technically employees but contractors. The difference in what they do at work may be insignificant. You may not know whether you are an employee or independent contractor, or you may have been told that by being a contractor, you will have more freedom.

Legislation and workplace harassment laws, such as the Occupational Health and Safety Act (OHSA), require that all employers have anti-harassment and anti-violence policies in the workplace to protect employees. Despite these measures, workplace harassment, such as workplace sexual harassment, still occurs.

CPP's disability benefits are notoriously difficult to obtain. Many clients come to Vey Willetts LLP after they have been rejected, and we help them appeal the CPP's decision. Unfortunately, while they wait for their appeal, they live with delay and uncertainty.

Discrimination refers to an action or a decision that treats a person negatively as a result, for example, of their race, age or sex. In Ontario, the law protects against discrimination on an enumerated characteristic protected by human rights law.

If you have signed, or been presented with, an employment contract that has a restrictive covenant it is important to understand what it means and what potential liability you could face if your employer sought its enforcement against you.

One advantage of being an employee can be access to short and/or long-term disability benefits. Most of us may never need to rely upon these entitlements. When something goes wrong, however, it is important to ensure you and your family are provided with the financial support you need to focus on what matters: your health.

Employees are entitled to a certain expectation of privacy at work. How far this extends, however, will vary. Your expectation of privacy may be affected by where you work, the type of work you perform, and workplace policies your employer may institute. Employers are also required to make all reasonable efforts to protect any private information you provide to them.

Understanding pregnancy and parental leave rights in Ontario is essential, as governed by the Employment Standards Act. Eligible employees can access up to 17 weeks of pregnancy leave and an additional 35-37 weeks of parental leave, providing crucial support during these important life stages.​​

If you are fired for just cause, you will likely face a number of problems. These can include your former employer refusing to provide severance, Service Canada denying your application for Employment Insurance ("EI") benefits and potential negative work references while seeking re-employment.

Employers often struggle with retaining clients and customers, especially when former employees use their skills and experience to compete in the same market. To address this, employers may require employees to sign non-compete or non-solicitation agreements, which restrict former employees from competing or soliciting business from former clients.

Terminating an employee without cause, often due to financial or restructuring reasons, requires adherence to the Employment Standards Act, 2000. This overview explains the employer's obligations for providing notice or pay in lieu and outlines severance pay entitlements in Ontario.

The Employment Standards Act serves as the cornerstone of employment law in Ontario, setting out the minimum standards for most workplaces. It covers crucial areas such as wages, hours of work, and leaves, ensuring fair and equitable treatment for employees.

The Ontario Human Rights Code outlines various types of workplace discrimination, stemming from negative stereotypes and biases. It covers a broad range of grounds including age, sex, race, disability, marital and family status, pregnancy, gender identity, sexual orientation, and discrimination due to association, each defined with examples to illustrate how they manifest in the workplace.

Navigating vacation pay in Ontario can be complex, but understanding it is crucial for both employers and employees. This guide breaks down the key aspects of vacation pay as outlined in the Employment Standards Act, 2000, ensuring clarity on what's included, what's excluded, and how it's calculated.