Employee Services

You should consider consulting an employment lawyer whenever you face a significant change or dispute in your employment, such as:

• Before signing an employment contract or a severance package.
• If you believe you have been wrongfully dismissed or your employer is claiming constructive dismissal.
• If you are experiencing workplace harassment or discrimination.
• If you are facing a disciplinary action, termination for cause, or a mass layoff.
• To understand your rights regarding disability, leave, or WSIB claims.
• To initiate or respond to litigation against an employer.

Generally, yes, it is legal under Ontario employment law. Depending on your contract, your employer may include the right, orally or in writing, to unilaterally recall remote workers back into the office and end the remote working arrangement. Under certain circumstances, you may refuse to be called back to the office; if the employer insists, calling you back to the office without your consent may enable you to claim constructive dismissal and ask for termination pay.

However, if your employer does have the right to call you back, your refusal may lead to disciplinary action or even be deemed resignation without any entitlements to compensation.

You should speak with a lawyer before refusing to return to the office.

Read our article on return-to-work rights for employees for more information.

Under Ontario’s “right to disconnect” policy (for employers with 25 or more staff), your employer is required to have a policy outlining expectations for work-related communication outside of working hours. While the law itself does not ban after-hours contact, you are generally not required to respond to non-emergency communication outside of your scheduled work time unless you are an exempt employee or your contract requires “on-call” availability. If this excessive contact means you are performing work, you may be entitled to overtime pay under the ESA. You should review your employer’s official disconnecting from work policy.

Yes, you can work a second job while working remotely in Ontario, as long as it does not violate your primary employment contract. If your contract includes clauses related to conflict of interest or outside employment, a second job may be in violation of your contract. The second job cannot: compete directly with your primary employer, compromise your ability to perform your primary duties due to fatigue, or involve using your employer’s confidential information or property. Violating your current contract could be grounds for termination.

Yes, you can be terminated without warning in two main scenarios:

1. Termination without Just Cause: Your employer can fire you instantly but must provide you with a severance package or pay in lieu of notice, as required by the Employment Standards Act, 2000 (ESA) and common law. This is often the basis for a wrongful dismissal claim if the compensation is inadequate.
2. Termination for Just Cause: For very serious misconduct (e.g., theft, serious insubordination), an employer can terminate you without any notice or severance pay. However, “just cause” is a very high legal standard for the employer to meet.

Read our article You’ve Been Terminated. Now What? for more information.

You have ten days to take action. Any change to the terms of your employment, which you have not consented to, either explicitly or implicitly, could trigger a right on your part to claim constructive dismissal. Continuing to work without any protest or claim against your employer may be considered as implicit consent to the changed employment terms.

Do not quit out of frustration as that will signal you resigned voluntarily and you will not be entitled to any termination pay or EI benefits.

Contact Hum Law immediately for guidance.

Read our article Constructive Dismissal: The cost of not moving forward immediately for more information.

No. Do not sign anything. Contact Hum Law immediately. Most employers offer only the minimum, which is often about a quarter or even less of what you are owed.

Read our article I got fired. My employer wants me to sign a termination letter. Do I have to sign anything right away? for more information.

If you have been fired for cause, do not sign anything without getting legal advice as these claims are often without merit and can be reversed. You could walk away with a much higher severance payout.

In Ontario, there are two types of situations commonly called a “for cause” termination:

1. “Wilful misconduct” under the Employment Standards Act, 2000 (“ESA”)
2. Just Cause under the common law

The employer needs to be able to justify either of these types of termination.

Read our article I Was Fired for Cause. What Can I Do? for more information.

Ontario courts will look at the nature of your working relationship and consider factors such as whether the employer controlled your work, provided the tools, and integrated you into the business. If you worked full-time for this one employer, you are likely not an independent contractor and your employer has misclassified you as such. You may actually be a dependent contractor, so upon termination, you would be legally entitled to the rights that were denied to you, including severance and termination pay under the common law (up to 24 months), vacation pay, and other protections under the ESA.

Seek legal advice immediately to pursue a claim for misclassification and recovery of all compensation and entitlements owed.

Read our article I Was Fired and My Employer Says I’m an Independent Contractor, But I Work for Them Full Time. What Do I Do? for more information.

No. Severance pay is compensation for an involuntary termination without cause. If you resign (quit), you are not entitled to common law or ESA severance pay. If you are resigning because of mistreatment or harassment at work, consult an employment lawyer before you resign. You may be entitled to compensation.

In Ontario, there are two types of severance pay under the Employment Standards Act, 2000 (ESA):

1. Termination Pay: This is owed to all employees who are terminated without cause and have been continuously employed for three months or more.
2. Statutory Severance Pay: This is an additional payment only owed if both of the following criteria are met:
   • The employee has five or more years of continuous service.
   • The employer has a global payroll of at least $2.5 million, OR the employer has laid off 50 or more employees within a six-month period due to a permanent discontinuance of all or part of its business.

If the layoff is part of a mass layoff (50 or more employees within a six-month period), you may be entitled to a larger severance payout. Contact an employment lawyer to help you determine what you are entitled to in this scenario.

Your primary option is to bring a claim for wrongful dismissal. You can:

1. Accept the severance package offered by your employer (if any), but you should have a lawyer review it first to ensure it is fair.
2. Negotiate a higher severance package, as the initial offer often only meets the minimum ESA requirements and not your full common law entitlement.
3. File a lawsuit for wrongful dismissal to recover the full common law severance owed.

If you are terminated during your probationary period, your employer can generally do so with minimal or no notice/severance pay, provided the termination is due to a genuine assessment of your suitability for the role and is not discriminatory. However, even if an employment contract allows for a short notice period during probation, you are generally still entitled to the minimum ESA termination pay if you have completed three months of continuous employment.

In theory, a PIP is a tool used by employers to help an employee correct performance issues through clear expectations, measurable goals, and constructive feedback. However, some employers use PIPs as a strategic way to build a paper trail to justify letting an employee go “with cause”. Contact us to gain clarity on your situation.

Read our article Is Your Performance Improvement Plan a Warning Sign of Termination? For more information.

It isn’t uncommon for employment to change over time. Your employer may offer you a new contract to sign whether your role has changed or not. You do not need to sign it right away. It is important to consult an employment lawyer for guidance to ensure you fully understand what you agree to.

Read our article My Employer Just Gave Me a New Employment Contract – Do I Have to I Sign It Right Away? for more information.

1. Document everything: Keep a detailed record of all incidents (dates, times, locations, witnesses, and what was said or done).
2. Follow internal policy: Report the harassment to a manager, HR, or a designated person as per your company’s Workplace Harassment Policy (which is mandatory in Ontario). The employer has a duty to investigate promptly.
3. Consider an ESA Complaint: If your employer fails to investigate, you can file a complaint with the Ministry of Labour.
4. Consult a lawyer: If the harassment is severe or the employer’s response is inadequate, a lawyer can advise on a constructive dismissal claim or a Human Rights application.

No, an employer cannot request a doctor’s note to justify an absence due to illness for the first three days of missed work. They can ask for other reasonable evidence but cannot ask for detailed medical information.

Beyond the first three days, employers can require a medical note, but the note must only confirm the existence of an illness/injury and the expected duration of the absence, or any accommodation required upon return. Employers cannot ask for a diagnosis or specific medical details, as this infringes on privacy rights.

If you suffer a work-related injury or illness, you may be eligible for benefits through the Workplace Safety and Insurance Board (WSIB). These benefits cover loss of earnings, health care costs, and potential non-economic loss. In most cases, if you qualify for WSIB, you cannot sue your employer for the injury.

You cannot work while receiving long-term disability (LTD) benefits. Most LTD policies are intended for individuals who are unable to perform the essential duties of any occupation. Generally, if you are deemed capable of working at all, your eligibility for LTD benefits may be jeopardized or terminated. You should review your policy and consult with a lawyer or your insurer.

Yes, you can sue your employer for various reasons, most commonly for:

• Wrongful dismissal (failure to provide reasonable notice or pay in lieu).
• Discrimination or harassment under the Human Rights Code.
• Breach of contract (e.g., failure to pay bonuses, commissions, or wages).
• Constructive dismissal.

Read our article on The Cost of Unreasonable Clams and Behaviours Against Your Employer for some factors to watch out for.

Constructive dismissal occurs when an employer makes a fundamental and unilateral change to the terms of your employment without your consent, and that change is so significant that the law treats it as if the employer has terminated the employment contract. Examples include a substantial pay cut, a significant demotion, or a major change in working hours or location. If proven, you can resign and sue for wrongful dismissal.

Wrongful dismissal is the most common type of employment lawsuit. It happens when an employee is terminated without just cause and the employer fails to provide the employee with reasonable notice of the termination or pay in lieu of that notice, as required by common law or the employment contract.

The term unjust dismissal is primarily used in the context of federal-sector employees (e.g., banks, airlines, telecom) who are covered by the Canada Labour Code and have completed at least 12 consecutive months of continuous employment. It allows a non-unionized federal employee to challenge a termination (even one with notice/severance) and seek remedies like reinstatement.