Frequently Asked Questions

An employment lawyer can help when problems arise at work or after your employment ends. If you’re dealing with termination, severance, contract changes, workplace harassment, unpaid compensation, or any situation where your rights as an employee may be affected, getting legal advice early can make a real difference. An employment lawyer can review your situation, explain your options, and help protect your interests before issues escalate.

Most of our cases are handled on a contingency basis, which means you do not pay legal fees unless compensation is recovered. In some situations, hourly billing may be more appropriate, depending on the type of matter and the details involved.

Most of our cases are handled on a contingency basis, which means you do not pay legal fees unless compensation is recovered. In some situations, hourly billing may be more appropriate, depending on the type of matter and the details involved.

Constructive dismissal occurs when an employer makes major changes to your job without your agreement, effectively forcing you out of your position. Even if you are not formally fired, the law may treat the situation as a termination if the changes are significant enough.
 
This can happen when an employer cuts your pay, reduces your responsibilities, changes your role in a meaningful way, places you on a temporary layoff without proper authority, or creates a hostile or toxic work environment that pushes you to leave. If constructive dismissal is established, you may be entitled to severance pay and other compensation, just as if you had been terminated without cause.

Wrongful dismissal occurs when an employee is terminated without receiving proper notice or fair pay in lieu of notice. In these situations, the employer may have ended the employment relationship without meeting their legal obligations.
 
Wrongful dismissal can arise when an employee is let go without cause, or when an employer claims just cause but cannot legally support it. If a dismissal is found to be wrongful, the employee may be entitled to severance pay and other compensation. In Ontario, you generally have up to two years from the date of termination to start a wrongful dismissal claim through the courts

Severance entitlements may be outlined in your employment contract, which is why it is important to review these terms carefully. If your contract does not validly limit your severance rights, courts look at several key factors when determining what you may be owed.
These typically include your length of service, your age at the time of termination, the nature of your role, and how difficult it may be for you to find comparable employment. Together, these factors help determine the amount of notice or pay in lieu of notice you may be entitled to receive.

An employer may ask for medical documentation when you request workplace accommodations due to a medical issue. This information is used to understand your limitations and determine what accommodations can reasonably be provided.
 
While documentation may be required, employers are generally not entitled to detailed medical diagnoses. The focus should be on your functional limitations and the support you need to continue working.

In most cases, you cannot receive full employment income while also collecting long-term disability benefits. Disability benefits are meant to replace lost income, so earning a regular salary at the same time is generally not permitted.
 
After a termination, similar rules can apply in severance situations, as disability benefits and income replacement payments are not meant to overlap. The specific terms of your disability policy and employment arrangements will determine what is allowed.

In most situations, employees who voluntarily resign are not entitled to severance pay. However, if you are considering quitting because of serious mistreatment or significant changes to your job, your resignation may not be treated as truly voluntary.
 
In those circumstances, you may have a constructive dismissal claim, which can allow you to seek severance pay as if you had been terminated. It is often important to get legal advice before resigning to avoid giving up potential rights.

In most cases, employees who are laid off or terminated without cause are eligible to apply for employment insurance. Employment insurance is meant to provide temporary income support while you search for new work.
 
If an employer claims you were terminated for just cause or that you resigned, this can affect eligibility. However, the legal standard for just cause is very high, and many terminations described as “for cause” do not meet that threshold.

Employees who voluntarily resign are generally not entitled to severance pay. That said, if you are thinking about resigning because of serious mistreatment or major changes to your job, your situation may be treated differently under the law.
 
In some cases, this can amount to constructive dismissal, which may allow you to pursue severance pay as though you were terminated. Getting legal advice before resigning can help protect your rights and avoid losing potential entitlements.

Employers are not allowed to terminate someone based on protected characteristics such as race, religion, gender, disability, or other grounds recognized under human rights legislation. Termination for these reasons may amount to discrimination.
 
If your job ended because of discrimination, you may have options beyond a standard severance claim. This can include seeking additional compensation through a human rights complaint, alongside or in addition to severance entitlements.