The workplace can be a source that offers growth and opportunity however, it can also be a battleground for unfair treatment, sudden dismissals, and hostile workplaces. Problems such as wrongful dismissal, insufficient severance packages, and constructive dismissal and workplace harassment are all too frequent that leave employees feeling helpless. With the right legal support employees can assert their rights and secure the right amount of compensation. This article will provide an in-depth analysis of these crucial employment law issues and will explain how a severance attorney will be able to assist.
Imagine being employed by a business for years, but then it suddenly stop without a reason or compensation. This scenario is known as unjust termination in Ontario and occurs when an employee’s employment contract was terminated without notice or severance payment as required by law. Ontario’s Employment Standards Act of 2000 states that employees who are not unionized have the right to a reasonable amount of notice or compensation depending on factors such as the duration of their employment and the time they’ve been in it.
Wrongful dismissal doesn’t mean you’ve been fired, but that you weren’t compensated for what was legally due. An employer may, for example, claim “justification” in order to avoid paying severance in cases where the grounds for termination aren’t strong enough. A lawyer who 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 Struggle for Constructive Dismissal in Ontario
All terminations do not have to be explicit. A constructive dismissal in Ontario happens when your employer unilaterally makes changes to your position which fundamentally alter your job. You then are required to quit. This could be a drastic pay cut, a demotion, a relocation or even a hostile workplace. For instance, a Toronto marketing manager could be subject to continuous pressure to perform unpaid overtime, which could force them out of the office.
To prove constructive dismissal, you must show that the employer’s actions infringed the terms of employment and gave you no reasonable choice but to quit. Legal expertise comes into play in this case. An employment lawyer can collect evidence, including emails or performance reviews for a persuasive argument. The most successful cases of constructive dismissal in Ontario could result in severance payouts equivalent to what you’d get in a case of wrongful dismissal, which can help protect your financial security when you make changes in your career.
Toronto’s Workplace Harassment What should you do?
The diverse work environment in Toronto is an asset. But, it could also create a hostile work environment. The kind of harassment that takes place in Toronto can range from verbal abuse to discrimination on the basis of gender, race or disability. It doesn’t need to be a result of the top management. Customers and colleagues may also create an hostile work setting. Ontario’s Occupational Safety and Hygiene Act requires employers to provide an environment that is free of harassment. However, most don’t take action on complaints.
Keep track of all incidents of harassment. Include dates, times, witnesses, and so on. A seasoned lawyer who has experience in cases of harassment near you will assist you in seeking out remedies, such as compensation for the loss of wages or emotional stress. In some cases, harassment could be the cause of a constructive termination case in the event that your employer’s failure to take response forces you into quitting. Attorneys from Toronto, Markham, or Mississauga frequently offer consultations for free to analyze your situation offering a low-risk approach to explore your options.
The reason you should hire an employment lawyer
If you’re experiencing wrongful dismissal, constructive dismissal or workplace harassment dealing with Ontario’s employment laws is complex. Severance pay lawyers in my area are able to analyze your situation, negotiate with the employer, or advocate for your interests in the court. HTW Law offers a range of customized options, from reviewing employment agreements to pursuing class action lawsuits relating to workplace-related issues.
Things can go wrong even for the most successful of people. With the help of a legal professional it is possible to turn the injustice of your workplace into an opportunity to seek justice. Don’t let unfair treatment hinder your career. Consult an employment lawyer now to safeguard your rights and be compensated for the damages you deserve.