The majority of people don’t care about the law of employment when their job is going well. They work pay their bills, take vacations, and attend an occasional unpleasant meeting, then go on with their lives.
In the event that the normal routine of working is disrupted it may raise legal questions. The promise of a promotion does not materialize. The behavior of a manager becomes increasingly uncomfortable. Employees return from medical leave to new duties. A worker’s complaint to HR causes problems rather than better. Or, a long-standing career is abruptly ended with a termination notice. Many employees are surprised by the speed with which one workplace issue could be a source of conflict with another.
When a Workplace Disput Doesn’t Have an Easy Name
Think about an employee who been with the same company for seven years. After raising concerns about inappropriate comments made by a manager, the employee notices a change. Meetings are no longer held and important assignments disappear. In a couple of months they are fired from their position.
Do you think it is a case of harassment or a reprisal, discrimination or dismissal? There may be more than one aspect to think about. If you’re a victim of workplace harassment in Toronto, don’t assume the events that follow the complaint are unrelated. The sequence of events as well as the specific facts can be vital when determining what legal options might be available.
You can change jobs without putting an end to the employment.
Even if an employer doesn’t say “You are fired” or a significant reduction in wages, a major change in the description of work, or a major shift in the job description of an employee can leave them wondering whether they’ve been replaced with another employee.
That can lead to questions about constructive dismissal Ontario law. Constructive dismissal is fact-specific. Not all difficult assignments, organizational changes, or managerial decision-making meet the criteria for. It is imperative that employees who are considering leaving due to major shifts do not think they know what the law says.
The Questions You’ll Have to Answer After Losing Your Job
When an employment relationship ends most of the time, the focus is on money. The question “How much should I receive as the event of severance?” may sound straightforward however the answer isn’t always the same. Employment contracts and laws can impact an employee’s possible rights.
If you are looking for a severance lawyer in my area could gain from having the whole ending package analyzed instead of just focusing on the amount of weeks that are offered.
Wrongful dismissal Ontario is not just an instance where the employee believes that the dismissal was unjust. Legal review includes finding out if the employee was given sufficient notice or compensation, and what impact an employment contract will have on the obligations.
Some Employees Fall Under A Different Legal Framework
Another aspect that is easy to miss is the type of employer. The majority of Ontario employees are legally bound by provincial employment laws. Certain industries, however, are regulated by federal law. Federal law may apply to workers in certain industries including banking, and telecoms.
Other issues may arise for unionized employees including human rights or claims to the duty of fair representation. Knowing which legal framework applies is therefore an essential aspect of understanding a dispute.
Employment Law Covers the Whole Relationship
HTW Law has been serving the Greater Toronto Area for over 20 years, and is able to handle employment-related issues in Ontario. Its practice includes constructive and wrongful dismissal as well as severance and harassment in the workplace as well as sexual harassment, discrimination, the discrimination against disabled people, HRTO and OLRB matters and related human rights concerns. The firm also helps with matters involving employees who are federally controlled across Canada.
Workplace disputes aren’t often neat enough to fit under one umbrella. A dispute over working conditions can lead to the form of a claim for harassment, a significant change in employment, or even termination.
Understanding the events that led to the employee’s final day may be as crucial as knowing what actually transpired.