Expert guidance on employer/employee rights, human rights issues, and employment matters including hiring and termination.
Our employment law team helps both employers and employees navigate workplace legal issues, from contract negotiations to termination disputes and human rights matters.
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Ontario's Employment Standards Act, 2000 (ESA) sets the minimum rules for most provincially regulated workplaces: minimum wage, hours of work, overtime, vacation, public holidays, leaves of absence, and termination and severance pay. We help employees understand and enforce these rights, and help small employers comply with them.
Common matters we handle include unpaid wages and overtime, termination without proper notice or pay, severance entitlements, temporary layoffs, and disputes over employment contracts. Where a dismissal claim is worth up to $50,000, our licensed paralegals can pursue it in Small Claims Court; we also assist with Ministry of Labour ESA claims.
Many GTA workers — particularly newcomers working in their second language — are never told their minimum entitlements. We advise clients in English, Cantonese, Mandarin, and Korean so nothing is lost in translation.
CourthousesTermination: after three months of employment, the ESA requires written notice of termination or pay in lieu — generally one week per year of service up to a maximum of eight weeks. Severance pay is a separate, additional entitlement for employees with five or more years of service where the employer's global payroll is at least $2.5 million.
Many employees are owed more than the ESA minimums. Unless a valid employment contract limits entitlements, common-law "reasonable notice" can be substantially longer than the ESA schedule — and Ontario courts have voided many termination clauses for falling short of the ESA. A termination offer should be reviewed before you sign anything.
Overtime: most Ontario employees must be paid time-and-a-half after 44 hours in a work week. Job titles alone (such as "manager") do not eliminate overtime rights — what matters is the work actually performed.
Deadlines matter. Ministry of Labour ESA claims are subject to a two-year limit on recovering wages, and court claims are generally subject to Ontario's two-year limitation period. Note that you generally cannot pursue the same wages through both an ESA claim and a court action — choosing the right forum is a strategic decision.
We begin by understanding your employment situation and identifying relevant legal issues and potential remedies.
We analyze employment contracts, workplace policies, and relevant laws to develop a strategic approach to your case.
We work toward resolution through negotiation, mediation, or formal legal proceedings as appropriate for your situation.
The ESA minimum is roughly one week of notice or pay per year of service, to a maximum of eight weeks, after three months of employment. Your true entitlement may be much higher under the common law if your contract does not validly limit it. Have any severance offer reviewed before signing a release.
In Ontario, most employers can end employment without cause — but they must provide proper notice or pay in lieu, and the dismissal cannot be for a discriminatory reason or a reprisal for exercising your rights. "With cause" terminations that deny notice are held to a high legal standard.
A Ministry of Labour claim is free and enforces ESA minimums only. A court action (such as Small Claims Court for claims up to $50,000) can capture common-law notice, which is often larger. You generally cannot do both for the same wages, so it is important to choose the right route first.
Possibly. Salaried status does not remove overtime rights. Unless your role falls within a true exemption (for example, genuine managerial duties), hours over 44 in a week must be paid at 1.5 times your regular rate.
Generally two years. Court claims are subject to Ontario's two-year limitation period, and Ministry of Labour ESA claims have a two-year recovery window. Earlier is always better — evidence and witnesses fade.
Contact us today to schedule a confidential consultation with our experienced legal team. We're here to help you navigate your legal challenges.