When you’re let go, your employer may offer you a severance or termination package — but the amount offered is often far less than what you’re legally entitled to.

Under Ontario’s Employment Standards Act (ESA), employees are entitled to minimum notice or pay in lieu of notice. However, most employees are owed significantly more under common law, which is judge-made law based on factors such as:

• Your age;
• Length of service;
• Position and responsibilities; and,
• Availability of comparable employment.

If you’ve received a termination package, chances are you’re entitled to more. Our lawyers will:

• Review your severance package;
• Advise you on your rights;
• Negotiate with your former employer; and,
• Represent you in Court.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Most employment contracts are drafted by employers — and often heavily favour them. These contracts frequently include clauses that can significantly limit your rights, such as:

• Waivers of common law termination entitlements;
• Anti-constructive dismissal provisions; or,
• Non-competition and non-solicitation clauses.

Our lawyers will help level the playing field. We will:

• Review your contract;
• Advise you on the enforceability of restrictive clauses;
• Provide “behind-the-scenes” negotiation support; or,
• Negotiate directly with your employer.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

As a non-unionized employee in Ontario, you might be surprised to learn that you generally do not have a guaranteed right to continued employment. Your employer can terminate your employment as long as they provide adequate notice or pay in lieu of notice.

So, what is a wrongful dismissal?

You have been wrongfully dismissed if your employer terminates you without cause and fails to provide sufficient notice or compensation. In many cases, the termination package initially offered is far below what you’re legally entitled to.

At Pinto Shekib LLP, we help you pursue the full compensation you deserve, which may include:

Common Law Notice

Most employees are entitled to more than the minimums under the Employment Standards Act. Courts consider factors such as your age, length of service and position to determine how much notice (or pay) you’re owed — often months more than what’s initially offered.

Severance Pay

If you’ve worked for the employer for at least 5 years, and the company has a global payroll of $2.5 million or more, you may be entitled to severance pay in addition to termination pay.

Additional Damages

If the manner of dismissal is unfair or carried out in bad faith — such as false accusations of theft — you may be entitled to aggravated or even punitive damages.

What If Your Employer Claims “Just Cause”?

Employers often attempt to avoid paying termination compensation by alleging “just cause” — claiming serious misconduct such as dishonesty, violence, theft or willful neglect of duties. However, proving just cause is extremely difficult and held to a high legal standard. Many employers get it wrong — and that’s where we come in.

If you’ve been terminated — with or without cause — our lawyers can help you pursue the compensation that you’re owed.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

If your employer makes a significant change to a fundamental term of your employment without your actual or implied consent, you may be entitled to treat the employment relationship as having been terminated. This is known as constructive dismissal — and in law, it may entitle you to termination pay or severance compensation.

Examples of changes that may lead to a constructive dismissal include:

• A significant reduction in salary, benefits or other compensation;
• A demotion in title, position or responsibilities;
• A relocation of your worksite (e.g. moving from Toronto to Alberta);
• A toxic or hostile work environment;
• A suspension without pay; or,
• A substantial and unilateral increase in workload.

Whether a constructive dismissal has occurred is a fact-specific analysis. If you believe your employer has made inappropriate changes to your role, it is crucial that you object promptly. Staying silent or continuing to work under the new terms may be seen as accepting them.

Our employment lawyers at Pinto Shekib LLP can assess your situation, advise you on your rights and guide you through the process of making a constructive dismissal claim.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Are you truly an independent contractor? 

Many employers misclassify workers as independent contractors to reduce costs, but this classification has important legal consequences.

A true independent contractor is not covered by the Employment Standards Act (ESA) and therefore is not entitled to protections such as minimum wage, vacation pay or termination pay. Typically, an independent contractor’s rights come solely from their written contract — which usually offers limited protections.

How do courts decide?

In Ontario, courts look beyond job titles or contracts to determine your true status. They examine factors such as:

• The level of control the employer has over your work;

• Whether you provide your own tools and set your own hours;

• The degree of financial risk you bear; and

• Your ability to work for multiple clients.

In many cases, individuals labeled as “independent contractors” may be employees under the law.

What about dependent contractors?

There is a middle ground called a dependent contractor — a worker who is economically dependent on one employer but does not have the full protections of an employee. For example, if you spend 80% or more of your working time with a single employer, you may be a dependent contractor.

Unlike independent contractors, dependent contractors may be entitled to reasonable notice of termination or pay in lieu — potentially amounting to up to 24 months’ of pay in some cases.

If you are a contractor and have been terminated, or if you are unsure about your employment status, we can help.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Employment Contracts

A well-drafted employment contract offers numerous benefits for employers. It can be a critical tool to manage risk and clarify expectations. Key advantages include:

• Limiting termination pay obligations, potentially saving the employer substantial sums;
• Clearly defining the employee’s role and responsibilities;
• Supporting the employer’s ability to establish “cause” for termination;
• Allowing for the option of temporary layoffs when necessary; or,
• Protecting the employer against constructive dismissal claims.

It is crucial that employees sign their employment contracts before starting work. Contracts signed after employment begins may be challenged in court and deemed unenforceable — often due to lack of fresh consideration or other legal grounds.

Our employment lawyers at Pinto Shekib LLP can draft tailored employment contracts or update your existing agreements to ensure that your business is properly protected.

Policies & Procedures 

Policies and procedures help clearly outline the rules of the workplace and the mechanisms to enforce them, including the taking of disciplinary action by the employer. As an employer in Ontario, you are legally required to have certain written, regularly updated policies, which include:

• Accessibility Policies;
• Workplace Health & Safety Policies;
• Workplace Violence and Harassment Policies;
• Pay Equity Plan Policies; and, 
• COVID-19 Workplace Safety Plan.

Employers may also be legally required to carry out certain types of training with respect to these policies. We can assist you in meeting your training needs and ensuring that you are in compliance with your legislatively required training obligations. 

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Are you terminating an employee? 

Our lawyers can help you draft strategic termination packages, and we can defend wrongful dismissal litigation arising from such termination.  In Ontario, assuming you are a provincially regulated employer, a terminated employee may be entitled to a range of compensation, which can include:

Termination Pay

If the employee is terminated without cause, the employer must provide the employee with notice of termination, or pay in lieu thereof, under the Employment Standards Act (“ESA”). The amount of notice will depend on how long the employee worked for the employer and range from 1 to 8 weeks. Additionally, under the common law (judge made law), an employer may be required to provide terminated employees with far more notice than the ESA minimums. 

Severance Pay

If the employer has a global payroll of at least $2.5 million, and the employee has worked for the employer for at least 5 years, severance pay is also required under the ESA. Severance pay is based on the number of years and months that the employee was employed with a maximum of 26 weeks of pay. 

Damages

Broadly speaking, if the manner in which the employer terminated the employee is in bad faith or unfair (such as fabrications of theft), the Court may award the employee additional damages as a result of the employer’s conduct (such as aggravated damages and, in some rare cases, punitive damages). 

How We Help

When you retain us, we begin by drafting a customized termination package, informed by:

• The employment contract and termination clause (if any);
• The employee’s age, tenure and position;
• Market conditions (e.g., how quickly the employee is likely to find new work); and,
• The potential for litigation.

If your employment contract contains a properly drafted and enforceable termination clause, your obligations may be limited to ESA minimums. However, many employers do not have enforceable contracts in place. In those cases, we work with you to design a termination package that reflects the applicable legal standards while protecting your business interests. And if a wrongful dismissal claim arises, we’re prepared to vigorously defend you.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.