employlaw.ca

Employment law in Ontario – Ian A. Wilson, Barrister & Solicitor, Peterborough

EMPLOYMENT PROBLEMS?

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Know all of your rights and options under the law.  Assert and enforce them effectively with the assistance and direction of experienced employment law counsel.

EMPLOYLAW.CA – EMPLOY THE LAW TO ITS FULLEST ADVANTAGE AND RECOVER THE MAXIMUM COMPENSATION THAT YOU ARE REASONABLY ENTITLED TO IN THE MOST EFFICIENT AND COST EFFECTIVE MANNER POSSIBLE.

TIP OF THE MONTH: DON’T RESIGN YOUR EMPLOYMENT UNDER ANY CIRCUMSTANCES WITHOUT FIRST GETTING LEGAL ADVICE. YOU AREN’T OBLIGED TO WORK WHEN YOU ARE SIGNIFICANTLY DISTRESSED OR OTHERWISE ILL AND YOU CAN, WITHIN A REASONABLE TIME, PROVIDE THE EMPLOYER WITH A MEDICAL DOCTOR’S NOTE STATING SIMPLY THAT YOU ARE ‘UNABLE TO WORK FOR MEDICAL REASONS’.

What is your problem?

Click on ‘YOUR PROBLEM’ to the left of this page and tell me about your employment situation.

It might be one of many.

Have you been ‘wrongfully dismissed’? That is, has your employment been terminated for no good and sufficient reason? The law says the employer must be able to prove that it had ‘good cause’ or ‘just cause’ to fire you. Most of the time, the employer cannot establish just cause but has chosen to terminate you for some other reason. The lawyers’ list of what is and isn’t ‘just cause’ goes on forever, but you will have your own basic sense of right and wrong, having lived and worked long enough to know what is and isn’t fair. What you need now is for a lawyer to articulate this for you in a legal sense, in a detailed demand letter to the employer or, if necessary, a statement of claim filed in court.

Many other employment problems are associated with the termination issue and can entitle you to increased compensation from your employer.

Has ‘just cause’ for termination been improperly alleged? Is the employer harassing you so you’ll quit? Has your employer violated Human Rights Code or Employment Standards Act requirements? Were you terminated in ‘bad faith’, with resulting mental distress diagnosed by your physician? Have you been unreasonably suspended? Denied emergency leave? Terminated while sick or injured? Had a significant wage reduction or change in your employment responsibilities? Had improper deductions taken from your wages? Had your reputation damaged by false employer allegations? Is your employer refusing to pay overtime because you are a ‘manager’, yet you are doing much of the work everyone else does? Were you terminated because you complained about health and safety? Is the employer asserting you quit and therefore aren’t entitled to employment insurance benefits? Were you terminated unfairly while on probation?

How do you remedy the above employer misconduct? What are the significant tax and employment insurance consequences of varying employer settlement offers? What does this release the employer wants you to sign mean, and what about a reference letter?

 

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June 15th, 2017 at 3:56 pm

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