The workplace can be a source where you can grow and develop, but it can also be a place of conflict where unfair treatment is a common cause of sudden dismissals and hostile workplaces. Things like unfair dismissal, inadequate severance plans, constructive dismissal, and workplace harassment are all too frequent and leave workers feeling helpless. However, having the appropriate legal assistance can help employees to assert their rights and get the compensation that they are entitled to. We’ll take a closer review of these crucial employment legal issues and how a separation pay lawyer can help.
Imagine working for a business for a long time but then it suddenly end without any reason or compensation. This scenario, known as unfair dismissal in Ontario occurs when an employer ends an employment contract without providing sufficient notice or severance payment in accordance with the law. Ontario’s Employment Standards Act 2000 stipulates that employees who aren’t unionized are entitled to reasonable notice or pay-in lieu, based on factors such as length of service, job nature, and.
The wrongfully dismissed doesn’t only mean getting fired. It’s about not receiving what is legally due to you. Employers can, for example, claim “justification” to defer payment of severance in the event that termination grounds aren’t sufficient. An experienced employment lawyer can contest these claims to ensure that you receive the right amount of compensation. When looking for a lawyer to help you with severance in the Greater Toronto Area, look for lawyers who offer contingency fee agreements. This means you will only be charged when you win.
The Struggle for Constructive Dismissal in Ontario
All terminations do not have to be explicit. Constructive dismissal ontario happens when an employer makes unilateral changes to your job that fundamentally alter your role, forcing you to resign. The changes could be a major pay cut, a demotion and relocation or unhealthy work environment that creates a miserable work environment. For instance an Toronto marketing manager could be subject to relentless pressure to work unpaid overtime, effectively pushing their employees out of the building.
The process of proving constructive dismissal is to show that the employer’s actions violated the contract of employment, and that it left you with no alternative but to leave. Legal expertise plays a role here. An employment lawyer can gather evidence, including emails or performance evaluations to create a convincing case. In Ontario the case of constructive dismissal, winning cases can result in the same amount of severance as you’d be awarded in a wrongful dismissal action, thus ensuring your financial security in the event of a career change.
Toronto’s Workplace Harassment What can you do?
The diversity of the workplace in Toronto is a benefit. However, it could also result in a hostile work atmosphere. The kind of harassment that takes place in Toronto could range from verbal abuse, up to discrimination based on gender, race or disability. Harassment does not always originate from an employer; coworkers or clients could create workplaces that are hostile, too. Ontario’s Occupational Health and Safety Act obliges employers to create an environment that is free of harassment, yet most fail to take action whenever complaints are raised.
If you’re being harassed, document every incident, including dates, times, and witnesses. An experienced lawyer in the area of harassment can assist you in seeking remedies, such as compensation for lost wages or emotional distress. In certain situations it is possible that harassment can be a factor in a constructive termination claim in the event that your employer’s failure to take action forces you to quit. Lawyers in Toronto, Markham, or Mississauga usually offer consultations at no cost to evaluate your situation, providing a low-risk way to look into the options available to you.
Why You Need an Employment Lawyer
If you’re experiencing unfair dismissal, constructive dismissal or workplace harassment the process of navigating Ontario’s employment laws can be difficult. A lawyer for severance pay near me can evaluate your situation and then negotiate with your employer or assist you in court. HTW Law GTA offers personalized solutions, from reviewing employment contracts to pursuing a class-action to address workplace issues that are widespread.
There are no guarantees and bad things can occur to good people. With the right legal counsel, you can transform an issue at work into an opportunity to seek justice. Do not let unfair treatment ruin your career. Contact an employment attorney now to safeguard your rights and be compensated for the damages you deserve.