Employment Lawyer
Losing your job can be emotionally and financially traumatic. But wrongful dismissal is just one piece of employment law – whether you are dealing with a toxic workplace, a concerning employment contract, workplace harassment, or a human rights violation, Hummingbird Lawyers LLP is here to protect your rights. Our employment lawyers represent both employees and employers across the Greater Toronto Area, bringing experience, tenacity, and a commitment to fair outcomes on every matter.
Why Use Employment Lawyers Toronto
At Hummingbird Lawyers LLP we work with you to ensure that you get the severance package you deserve.
Don’t sign any termination letter or release until you visit Hummingbird to request a consultation.
Hummingbird Lawyers LLP works to resolve a wide variety of employment law matters to ensure that our clients receive the fair treatment and compensation that they are entitled to by law.
If you have lost your job through no fault of your own, your employer is required to provide you with reasonable working notice or pay in lieu of notice.
The Employment Standards Act sets out the minimum requirements that an employer must adhere to when ending the employment relationship.
However, oftentimes you are entitled to termination pay and/or termination pay that is significantly greater than the statutory minimums and what is being offered by your employer.
Contingency Employment Lawyers
At Hummingbird LLP we work to ensure that you receive the financial compensation that you are entitled to by law.
Our priority is to optimize your compensation package in a timely and cost-effective manner. Toronto employment lawyer services are available on a contingency fee basis.
What Does Contingency Fee Basis Mean?
We don’t get paid until you get paid.
Don’t let your employer pressure you into signing any termination letter or release until you understand your employment rights.
If you were wrongfully dismissed and want to ensure that you are receiving the compensation that you deserve, contact Hummingbird Lawyers LLP to request a consultation.
Our Employment Law Services
Before you sign…
If you have recently been laid off, you are entitled to termination pay from your former employer. Under the Employment Standards Act (ESA), the bottom line coverage is roughly one week of pay per year served, up to a maximum of eight weeks. The package is often paid out as a lump sum, salary continuance, or as deferred payments.
While this payment in a time of insecurity may be tempting, you don’t have to settle for the bare minimum. The legislation under the ESA is only a floor from which to build from — it is not the final offer.
Factors Courts Consider When Determining Termination Pay:
- An employee’s position and experience within the company
- An employee’s age, including how old they were when they started
- How the employee came about joining the company
- The availability of alternative employment
With these factors accounted for, courts can often provide a package several times larger than what is being offered. Court-ordered packages can generally span from 2 to 30 months on top of the standard ESA amount.
Don’t let yourself be pressured into signing the first thing put in front of you. Seeking legal counsel can ensure that you know your employment rights and just what factors need to be taken into account.
Hummingbird Lawyers LLP will work alongside you to help you get the termination pay that you deserve. Contact us today to request a consultation.
So, you’ve been let go — but you were given no prior notice or pay in lieu of time lost. This is the definition of a wrongful dismissal in Ontario, also known as wrongful termination.
Under Ontario’s Employment Standards Act (ESA), if an employer is to let an employee go, they must provide one of three things: a written notice of termination, termination pay, or a combination of the two — amounting to the length of notice the employee is entitled to receive.
The ESA only outlines the bare minimum. Some employees have rights that extend under common law or external legislation, which can provide significantly greater entitlements than the statutory minimums.
If Your Employer Fails to Provide Notice or Termination Pay, You Have Two Options:
- Option 1 — Sue for Wrongful Dismissal You can take your employer to court and sue them for wrongful dismissal. Before diving into a lengthy court battle, seek legal counsel to see how you can negotiate the best settlement. Don’t let emotions get the best of you — weighing your options is essential before you move forward.
- Option 2 — File a Claim With the Ministry of Labour Most employees covered by the ESA are able to file a claim with Ontario’s Ministry of Labour if they believe their employer is not complying with the law.
Don’t settle for the bare minimum outlined under the ESA. Oftentimes, what you are entitled to can be much greater than the statutory minimums offered by an employer.
You don’t have to face this uncertainty alone. Hummingbird Lawyers LLP can be with you to ensure that you receive the severance package that you deserve. Contact us today to request a consultation.
When getting into a new job, you have entered into it in good faith and you don’t think about constructive dismissal. Your workplace should be a space that you enjoy. You should not feel helpless when you’re there. If you feel forced to leave your job because of a hostile environment, it’s possible that constructive dismissal has occurred.
Constructive dismissal happens when an employee feels they have no choice but to leave a workplace due to changes in the terms of the employment. In order to consider termination as a constructive dismissal, the changes to your contract have to be made at the heart of the contract. An employer is allowed to change the duties and responsibilities of an employee as they see fit — this isn’t considered grounds for constructive dismissal.
When an employer, without the consent of the employee, changes a fundamental term of their employment, this is referred to as a constructive dismissal. The most obvious example occurs when an employer changes the employee’s pay or pay structure. A constructive dismissal can also occur where an employer has unilaterally assigned the employee to work at a new office or worksite which requires significant travel.
Important Things to Keep in Mind:
- If the changes in your contract make it impossible to work and leave you feeling helpless, you can end your employment claiming constructive dismissal as the reason — however, this comes with many risks and no guarantees
- The longer an employee remains under the new conditions, the more likely it will be held that they accepted the new terms of employment
- With constructive dismissal, you are still entitled to the same severance package given upon regular termination
- Period of time before bringing attention to your situation can become a hurdle if seeking a remedy
Before quitting your job and claiming constructive dismissal, be sure to seek legal counsel. Whether it is to know your rights, lay out your options or simply seek advice, Hummingbird Lawyers can help you every step of the way.
Contact Hummingbird Lawyers to request a consultation.
Harassment in the workplace is defined as physical or verbal abuse using actions or comments that can hurt or isolate any person in the workplace. These actions are often based on factors such as race, colour, religion, sex, gender identity, nationality, age, or physical and mental disabilities — things a person cannot change about themselves. They shouldn’t have to tolerate being belittled or abused over them.
Bullying has a much greater range of factors — from creating and spreading malicious rumours to withholding necessary information. Bullying is often a series of incidents following a common behavioural pattern used to offend, belittle, and humiliate the victim.
When Does It Become a Legal Matter? Expressing a different opinion, offering constructive feedback, or micromanaging an under-performing employee are not forms of bullying. Harassment becomes unlawful when:
- An employee is forced to endure offensive conduct as a means to continue their employment
- The conduct becomes so severe that any reasonable person would find the workplace intimidating, hostile, or abusive
Things to Keep in Mind: Document everything. If your concerns are being minimized by those in charge, seeking employment legal counsel or contacting Ontario’s Ministry of Labour should be your next option.
The workplace should be an inclusive and comfortable place. No employee should ever be made to feel uncomfortable or abused at work.
Contact Hummingbird Lawyers if you are experiencing workplace harassment or bullying.
Canadian companies are beginning to use employment contracts for every level of worker in hiring processes. An employment contract covers the essentials — your compensation, what conditions you can expect to work in, and the termination pay you are entitled to if you’re fired.
However, an employment contract can go much deeper than that and contain legal jargon that can be complicated and difficult to understand without a background in employment law. Employers are wanting to reduce their cost of terminations and protect themselves if things go sour in the employer-employee relationship — which can leave the employee in a tricky situation.
What You Need to Know When Signing: Ultimately, you need to fully understand what it is you are signing. Take your time and make sure you know what your contract covers. Key items to review include:
- Your basic provisions
- Whether you are an employee or independent contractor
- Your overtime regulations and compensation
- Your benefits as an employee
- Ownership of intellectual property
- Termination pay
It is completely reasonable to ask for time to step away and review your employment contract — even seeking legal advice before signing. Your response doesn’t have to simply be an acceptance or a decline. If you are bringing a skill or a wealth of experience to the table, legal counsel can help you see what areas of your contract can be negotiated.
Don’t just accept the bare minimum. A Hummingbird employment lawyer can sit down with you to make sure you are prepared to move forward.
Contact Hummingbird Lawyers to set up a consultation before signing your employment contract.
Workplace investigations are an important process when it comes to alleged misconduct in the workplace — and conducting a proper investigation can make all of the difference. As an employer, conducting an improper investigation into a report, accusation or claim of misconduct can expose your organization to increased liability or open the door to additional complaints. Furthermore, any decisions made by the employer based on a poorly conducted investigation can be at risk.
Employers must ensure they follow a process that is procedurally fair for all parties involved. The investigation must take into account all relevant facts, information, and circumstances before rendering any findings and enforcing discipline on an alleged perpetrator.
Workplace investigations are most commonly required in cases of alleged harassment, violence, theft, or other forms of fraud. For complex and sensitive matters, it is sound practice to engage the services of an external provider to help ensure the investigation is conducted impartially, without bias, and in a manner which respects the privacy rights of both the accuser and the alleged perpetrator.
Key Steps in a Workplace Investigation:
- Who Will Investigate — Will there be a real or perceived bias if investigated internally? Is a specific skill set needed? Should the gender of the investigator be considered given the nature of the matter?
- The Scope — What needs to be investigated? Who will need to be involved? What records, documents, or video should be requested and reviewed?
- Scheduling & Conducting Interviews — In what order should interviews take place? Can they be conducted in-person, by phone, or by video? How will interviews be documented?
- Gathering & Reviewing the Evidence — How is evidence gathered and authenticated? How much weight should be given to certain evidence?
- Writing the Report & Conclusions — Is the report clear and accurate? Does the evidence support the conclusions? What actions may be recommended?
- Investigation Debrief — Have any gaps or risks been identified? Are there trends observed? Was any data missing that would be helpful in the future?
Contact Hummingbird Lawyers for assistance with workplace investigations and employer training.
We understand the responsibilities of running your business, and we know that one of the most important roles you have is to protect and care for your most valuable asset — your employees.
With the ever-changing landscape of labour and employment law, it can be difficult to keep up with the latest developments and legal obligations. Our law firm represents employers in disputes over employment contracts, wrongful dismissal, and any other legal issues that arise from the Employment Standards Act. Equally as important, we work with you to prevent employment law issues from becoming issues at all.
We see ourselves as champions of small and midsize businesses. Nobody wants to see an employer/employee relationship sour — this can have devastating consequences on employee morale, productivity, and the overall workplace environment. While we are tough and tireless litigators when the situation calls for it, we strongly believe that litigation should always be a last resort, as opposed to a first step. Our firm has successfully represented employers before both the Ontario Labour Relations Board and the Human Rights Tribunal.
Because we have experience representing both employers and employees, we are better equipped to understand the issues and concerns that employees have — making us an ideal choice for representing your business. Not all employment law firms offer this.
Contact Hummingbird Lawyers for assistance with all your employee relations needs.
Frequently Asked Questions
Many employees do not have a written contract. This does not mean that you have no legal rights and entitlements. Even without having a formal written contract, there are still a number of terms that the parties have agreed to, either through their conduct or by virtue of informal correspondence. For instance, in most employment relationships, there is certainty regarding at least a few fundamental components of the employment relationship. Usually, pay or pay structure is certain. Typically, the hours of work are also agreed upon by the employer and employee.
However, the law also protects employers and employees where there is no written contract in place. For instance, the Employment Standards Act provides for minimum vacation leave, personal days and further, it mandates the length of notice of termination to which an employee is entitled to prior to termination. Similarly, the Common Law also provides guidance to employees and employers regarding their rights, even where there is no mention in any contract.
Any employer can terminate an employee at any time, provided they do so in accordance with the law. An employee must not be dismissed on the basis of any ground contrary to the Human Rights Code. Employees must also be provided with notice of termination in accordance with either the Employment Standards Act (ESA) or the Common Law. Essentially, the ESA requires that an employee be provided with one week’s notice of termination for every year employed. This is capped at 8 weeks. Therefore, if an employee has worked for “X” Corporation for 8 years then s/he is entitled to 8 weeks’ notice of termination.
An employer may however, choose to terminate the employment by giving the employee notice of termination, pay in lieu thereof which represents payment for the required notice period or a combination of both. This is commonly referred to as “working notice”. In certain situations for example, where an employee has worked for an employer for more than 5 years and the company has an annual payroll of $2.5 million dollars, the employee may also be entitled to termination pay under the ESA.
It is important to note that where there is no limiting language in an employee’s contract, an employee may be entitled to 1 month’s notice of termination for every year worked for the employer rather than just the 1 week’s notice per year required by the ESA.
When an employer, without the consent of the employee, changes a fundamental term of his/her employment, this is referred to as a constructive dismissal. The most obvious example of this occurs when an employer changes the employee’s pay or pay structure. However, a constructive dismissal can occur whenever an employer changes a material term of the employee’s contract. For instance, a constructive dismissal can also occur where an employer has unilaterally assigned the employee to work at a new office or worksite which requires significant travel. Many changes to the employment relationship may be considered material or fundamental enough to give rise to constructive dismissal based on the facts.
In order to claim damages for constructive dismissal, the employee must resign from his/her employment. In doing so s/he is asserting that the changes made by the employer are changes which indicate that the employer is no longer willing to be bound by the employment agreement and has repudiated same. It is important to note, however, that employee’s asserting constructive dismissal should do so quickly. The longer an employee remains in the employer’s employment, under the new regime, the more likely that it will be held that the employee accepted the new terms of employment or condoned the change. If you are unsure of whether you have a legitimate claim, it is always best to seek legal advice before making any decisions.
As discussed earlier, an employer may terminate an employee at any time, provided they do so in accordance with the law. Where an employee is terminated “without cause” they are entitled to notice in accordance with the provisions of the ESA or the common law. An employee may, however, be terminated immediately, without notice or termination pay where the employer has just cause to do so.
The ESA provides that an employee is not entitled to notice of termination or termination pay where s/he is guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer. Many acts of omission may thus fall under this definition and only a review of the facts and the conduct of the employee will reveal whether his/her actions indeed amount to wilful misconduct, disobedience or wilful neglect of duty. It is, however, important to note that employers cannot condone any such activity and then later seek to dismiss the employee for such actions. It is also important to note that where the employee’s actions are not blatant, in order to claim “just cause”, the wilful misconduct, disobedience or wilful neglect should be addressed with the employee by the employer to ensure that the employee is given an opportunity to defend and/or correct their conduct. If no such allotment is given, the employee may contest the “just cause” status of termination.
The employment law team at Hummingbird Lawyers LLP has experience and success in advocating for its clients. If you would like to know more about your rights as an employee, we are here to answer any questions and provide guidance and advice.
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Meet Our Employment Law Team
Hummingbird Lawyers strategically assists businesses and individuals in the areas of business and corporate law, commercial and residential real estate transactions, wills and estates, employment law, family and divorce, litigation, and immigration.
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