Termination entitlements depend on whether an employee is limited to the statutory minimums under Ontario's Employment Standards Act or may also be entitled to a longer period of reasonable notice under common law. Common law notice can depend on factors such as age, length of service, position, compensation, and the availability of comparable employment. Mann Law reviews termination and severance offers to assess whether the proposed package reflects the employee's legal entitlements and whether further negotiation may be appropriate.

A termination clause may be unenforceable if it attempts to provide less than the minimum standards required by the Employment Standards Act, uses language that is legally ambiguous, or fails to properly account for required termination entitlements. If a termination clause is invalid, an employee may instead be entitled to common law reasonable notice, which can be significantly greater than the contractual amount. Mann Law reviews employment contracts for employees before signing and assists employers with drafting termination provisions intended to comply with Ontario law.

Ontario legislation generally prohibits non-compete agreements between employers and employees, subject to certain statutory exceptions. Exceptions can apply in limited circumstances, including some executive employment arrangements and certain agreements connected with the sale of a business. Non-solicitation clauses are treated differently and may still be enforceable when they are appropriately drafted and reasonable in scope. Mann Law advises both employers and employees on restrictive covenants, including non-compete and non-solicitation provisions.

Constructive dismissal can occur when an employer makes a substantial unilateral change to an essential term of the employment relationship without the employee's agreement. Examples can involve significant changes to compensation, duties, authority, work location, or other fundamental employment terms. Although the employer may not expressly say that the employee is terminated, the change may be treated legally as a termination in certain circumstances. Mann Law evaluates workplace changes to determine whether they may amount to constructive dismissal and what remedies may be available.

The answer depends on the employment contract, the length of employment, and the circumstances of the termination. A clearly drafted probationary provision may affect an employee's termination entitlements, but an employer must still comply with applicable minimum employment standards and cannot terminate an employee for a discriminatory or otherwise unlawful reason. Mann Law advises employers on probationary termination decisions and assists employees in determining whether a probationary dismissal complied with Ontario law.

Ontario employers have workplace harassment obligations under the Occupational Health and Safety Act, including duties relating to complaints and investigations where required. A workplace investigation should generally be conducted fairly, objectively, and with appropriate documentation, particularly where disciplinary consequences may follow. Mann Law advises employers on investigation procedures and assists employees where workplace complaints or investigations have been mishandled.

Ontario's Human Rights Code prohibits workplace discrimination and harassment based on protected grounds, including race, sex, disability, family status, age, and other protected characteristics. Depending on the circumstances, an employee may be able to pursue a claim before the Human Rights Tribunal of Ontario or raise human rights issues in connection with other employment proceedings. Mann Law advises employees on whether workplace treatment may amount to unlawful discrimination and assists employers with human rights compliance and workplace risk management.