The workplace is a source of growth and opportunity, but for a lot of employees in Ontario however, it can become a battlefield of unfair treatment, sudden terminations, and hostile environments. People are often left feeling helpless by issues such as wrongful termination, inadequate severance package as well as constructive dismissal and workplace harassment. The appropriate legal assistance can help employees to assert their rights and receive the compensation they are entitled to. This article will provide an in-depth look at these crucial employment law issues and explain the ways a severance lawyer can assist.
Imagine working for years for a company, only to have it abruptly ended without reason or a fair amount of compensation. This type of situation, also known as unfair dismissal in Ontario happens when a business terminates an employment agreement without giving sufficient notice or severance payment as required by law. Ontario’s employment laws, such as the Employment Standards Act, 2000 require that employees who are not unionized are entitled to reasonable notice or pay in lieu of notice, based on factors such as time of service, age and work role.
A wrongfully terminated employee isn’t just about being dismissed. It’s also about not getting the compensation that you legally due. Employers may claim that they have “justified” the decision to terminate you even if it’s a weak motive. A lawyer that specializes in employment law could challenge such claims and help ensure that you get fair compensation for your loss. If you’re searching for a severance pay lawyer near me in the Greater Toronto Area (GTA), look for one offering contingency fee arrangements, meaning you pay only if you win.
The Silent Struggle for Constructive Dismissal in Ontario
Most terminations don’t occur in a public manner. If an employer unilaterally alters your position, it could be construcive dismissal Ontario. This happens when an employer fundamentally alters the role you play and then forces the resignation of an employee. These changes could include a significant pay cut, demotion or relocation, or even a hostile work environment that creates a miserable work environment. Toronto’s marketing manager could be forced to perform non-paid overtime and face working in a hostile environment.
To prove constructive dismissal, you have to demonstrate that your employer’s conduct contravened your employment agreement and prevented you to be employed. This is where the legal knowledge shines. An employment lawyer can gather evidence, such as email or performance reviews, to build a compelling case. In Ontario, if you win an action for constructive dismissal in Ontario, you could be awarded severance in the same amount that could be granted in a wrongful termination case. This will protect your financial security as you start the next phase of your career.
Confronting Workplace Harassment in Toronto
The diversity of the workplace in Toronto is a plus. However, it can also result in a hostile work environment. The kind of harassment that takes place in Toronto could be anything from verbal abuse, to discrimination based on gender, race, or disability. The problem isn’t always the boss that makes a workplace hostile. Customers or employees can also be harassing. Ontario’s Health and Safety Act requires employers to provide the workplace is not a place for harassment. But, many fail to respond when complaints are made.
Note all instances of harassment. Include dates time, dates, witnesses etc. A seasoned lawyer who has experience in cases of harassment near you will assist you in seeking remedies, such as compensation for the loss of wages or emotional stress. In certain instances, harassment may contribute to a constructive dismissal claim in the event that your employer’s actions force you to resign. A number of lawyers in Toronto, Markham or Mississauga offer free consultations for assessing the situation. This is an opportunity to gain knowledge about your options.
Why you require an Employment Lawyer
Ontario’s employment laws are complex. Severance pay lawyers in my area can evaluate your situation, negotiate with the employer, or represent your rights in the court. HTW Law in the GTA offers a variety of solutions that are customized for everything from reviewing employment agreements to filing class actions in the case of common workplace issues.
It’s not ideal and terrible things can happen to good people. With the right legal counsel you can transform an injustice at work into an opportunity to seek justice. Don’t let discrimination define your career. Speak to an employment lawyer to defend your rights and secure the amount you’re due.