Employment Law

Whether you are an employee or an employer, there will be times when you must consult a lawyer.

As an employee:

Do you believe that you’ve been dismissed from your job without due cause?
Are you planning to enter into an agreement with an employer and need your contract evaluated?
Is the severance package being offered to you legal and fair?

You need to know your employment rights in Ontario, and take whatever action is necessary to protect them.

  • Wrongful dismissal
  • Reviewing Employment Contracts
  • Reviewing Severance Packages

As an employer:

What is proper notice pay upon ‘without cause’ termination of employment?
Is your employee bound by an Employment Agreement?
Are non-compete and non-solicitation clauses enforceable?
What is ’cause’ for termination?

Submit your legal query and consult with Mann Law to learn your rights and options and how to proceed with any issues you have regarding employment law.

F.A.Q

If your EI claim is denied because you quit, were fired or applied late, our team can help you appeal the decision.

The time limits for appeals will be explained in your WSIB letter. If you are not satisfied with the decision, we can handle the case to discuss your options.

If the company has more than 50 employees, you may take unpaid emergency leave for up to 10 days. Family Medical Leave is unpaid leave up to 8 weeks in a 26-week period to provide care to a family member when there is a significant risk of death.

You can earn $50 or 25% of your weekly benefits (whichever is higher), without changing the amount of benefits you will receive for that week.

  1. Ask your doctor to fill out the Functional Abilities Form.
  2. Fill out a Worker’s Report of Injury/Disease Form (Form 6).

You have up to 6 months to file a WSIB claim but it will be more beneficial to file it immediately after being injured or becoming aware of the injury.

If you are in the work force for the first time or re-entering after 2 years, you must have worked a minimum of 910 hours to qualify for benefits. If you are not in the above category, you need between 420 and 700 hours, depending on the unemployment rate in your region. Currently it is 630 hours in the Greater Toronto Area.

The basic benefit is 55% of your last average weekly insurable earnings, up to a maximum of $413 per week.

  • Benefit for Loss of Earnings
  • Benefit for Non-Economic Loss
  • Loss of Retirement Income Benefit
  • Benefit for Future Economic Loss
  • Health Care Benefits
  • The Occupational Disease and Survivor Benefits Program
  • Benefits for Seriously Injured Workers
    • If you cannot work, you can apply for Disability Insurance and EI (if eligible) while waiting for the WSIB decision.

If your employment was terminated for more than 13 weeks, your employer must give you advance written notice OR pay your normal wages for a specified time depending on your length of employment. If you are fired because of your own misconduct, your employer does not have to give you notice. Your employer’s reasons for firing you might not be legally valid. If you think your employer was wrong to fire you with or without notice or you believe you should be paid for a longer period, our firm will review these concerns and advise you on your options.

To see the latest wage rate click here.

According to section 5(1), every worker has a right to equal treatment with respect to employment without discrimination based on race, colour, ethnic origin, age or discrimination. If you think your employer has violated your human rights, our team will advise you on courses of action.

  • Sickness – up to 15 weeks per year
  • Maternity – up to 15 weeks per year
  • Parental – up to 35 weeks shared between the mother and father
  • To qualify, you must have worked 600 hours in the last 52 weeks

You can make a WSIB claim if you suffer a work-related injury that causes you to get health care, lose time from work, or lose wages.

In most jobs, you will be paid overtime (1.5 x hourly wage) when you work more than 44 hours a week.

Human Resources and Skills Development (HRDC)
http://www.rhdcc-hrsdc.gc.ca/
1.800.206.7218
Ministry of Labour
416.326.7770
1.800.531.5551
http://www.labour.gov.on.ca/
Ontario Human Rights Commission
416.326.9511
1.800.387.9080
www.ohrc.on.ca
Workplace Safety Insurance Board (WSIB)
416.344.1007
1.800.387.0080
www.wsib.on.ca

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