Lecker & Associates

Toronto Employment Lawyers

We have the knowledge, experience and ability to handle challenges that often surface in relationships between employees and their employers

+ YEARS IN PRACTICE

Wrongful Dismissal

Constructive Dismissal

Maternity Leave

Workplace Harassment

Job Layoffs

Denied Disability Benefits

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Lecker & Associates

We are Toronto employment lawyers specializing in employment and disability benefits law. We have the knowledge, experience and ability to handle challenges that often surface in relationships between employees and their employers. Our lawyers have successfully litigated precedent setting cases and added clarity to laws which previously remained open to interpretation.

Unlike many employment law firms in Toronto, Lecker & Associates exclusively represent employees. This has been our specialty for over 35 years. We recognize the stress our clients are under when they seek out our services. Consequently, we approach each case with professionalism, sensitivity, and tact.

Read more about our employment law services.

At our office in Toronto employment lawyers practice to acquire deep levels of specialization. We conduct a thorough initial appointment to determine which one can best manage your case. Has your employer dismissed you unjustly? Are you a victim of a human rights abuse? Is your employment contract fair? Has your benefits provider unfairly withheld or denied your disability claim?

Each one of these requires a different strategic approach. We assign your case to the lawyer with the best technical knowledge of the subject matter. Consequently, we manage your case for the best outcome possible in your favour.

Bios of our team: Toronto Employment Lawyers.

Legal fees should never deter you from obtaining your lawful entitlements. In the vast majority of cases, we do not require a retainer up-front. Instead, we charge a percentage of the settlement we obtain for you.

Our initial assessment of your situation will be free. When you engage us to work for you, we always begin the relationship with a Service Commitment letter which outlines what we will do for you, along with the corresponding fee. We welcome the opportunity to discuss this openly and frankly.

Revenue Canada allows you to deduct most legal fees incurred for an employment matter when you file your income taxes. At the conclusion of your case, we will provide you with a detailed statement for this purpose.

“$125,000 court win for Ontario couple…” – Lecker & Associates

If there was any doubt before, Ontario’s top court has made the ground rules crystal clear. Precarious employment practices has lead some employers to give the self serving title of “Independent Contractor” to these vulnerable workers. This is the highest ever compensation award for such individuals in Canada and we hope the message is loud and clear. – Bram Lecker

Unjustly Dismissed? 5 Tips for Selecting an Employment Lawyer

Unjustly Dismissed? You will likely be under a lot of stress when seeking out legal services. Hiring a lawyer can be both time and cost intensive. Here are 5 tips to assist you in this process.

Calculating your Notice and Severance Pay

You have just been let go by your employer. This is going to impact you financially and without doubt, you are in for a stressful period ahead. If they offered you Notice and Severance, it is time to take a very close look at the details. These payments represent a financial bridge until you are employed again. In order to make sure you do not leave money behind, you need to understand your legal entitlements.

Employer’s Duty To Accommodate Illness & Disability

The human condition is such that anyone can suffer an illness or become disabled at any time. It can occur suddenly or manifest itself over time. It can impact your life, your employment and in turn, your financial stability. That is why Ontario’s Human Rights Code offers employees some protection under these circumstances. When an illness or disability strikes, your employer must make reasonable efforts to ensure you remain employed. This is known as an employer’s duty to accommodate.

Disability Benefits Cut Off?

if you are on Long Term Disability Benefits the most volatile period of your relationship with your insurer will happen at the two year mark. Some policies limit their coverage at this stage. And this is also when many insurance companies begin aggressive campaigns to force you back to work into any occupation. Even if your medical situation remains unchanged you may find your disability benefits cut off completely or severely limited.

Social Media Rules for Workplaces

Facebook, Twitter, LinkedIn, Google+. These are powerful social media tools. Their use has proliferated throughout the world giving voice to ordinary citizens. Our Constitution offers Freedom of Speech to all Canadians. However, when it comes to social media rules for workplaces, everyone should take pause. You are not as free as you believe to say whatever you want on this public domain.

Long Term Disability Claims

One in three Canadians will be disabled for 90 days or more, on at least one occasion, before the age of 65. Some workplaces offer their employees disability benefits as part of their compensation package. These are excellent “peace of mind” benefits. Or are they? Anyone who has tried to apply for these benefits will suggest otherwise.

The case for National Short-Term Disability Insurance

As an ill or disabled employee, you may have tried to access your employment disability benefits. If so, you already know they are not the “peace of mind” contracts you believed them to be. Almost all short term disability benefits are denied by private insurers. Bram Lecker makes the argument for how simple it would be for the Federal Government to implement a National STD Insurance Plan for all Canadians, replacing the current circus playing out through private employment run plans.

Short Term Disability Claims

Anatomy of Short Term Disability Claims. A majority of short term disability claims get denied. The insurance company will likely determine your condition to be ineligible or not serious enough. It does not matter whether this is completely contrary to a diagnosis by trained medical professionals. What is going on here?

Have you ever given up your seat on the subway or held open a door for a disabled person?

We are brought up with values of goodwill, generosity and honesty. Should your employer not be held up to these same standards of fair play?

Our team at Lecker & Associates believe they should.

Employment Law Services

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Disability Benefits

The first step is to be informed. Contacting us in the early stages will arm you with information to properly deal with this process.

Lecker & Associates | Hullmark Corporate Centre, 4789 Yonge Street, Ste. 514 . North York, ON M2N 0G3 . Ph: 416-223-5391 . Email: equalizer@leckerslaw.com | TTC: Yonge-Sheppard Subway Station.

Top 5 Employment Law Questions

Every case we manage at Lecker & Associates is distinctive to the circumstances of the client.

What remains constant is that fact that most people we see arrive with little knowledge of their rights as employees.

Our ultimate goal is to educate our clients about their rights. This arms them with enough power to level the playing field with future employers.

Here are some of the most common questions we get asked.

Wrongful Dismissal - Toronto Employment Lawyers

My employer has hired me as a contractor but I perform the same job as an employee. Is this legal?

This is one of the most contentious employment issues of our times. Lecker & Associates fought a precedent setting case which clarified laws that remained open to interpretation before. If you are an “Independent Contractor”, then you must remain fully in control over your work assignments. Essentially, you would operate like a business. Many project based contractors operate in this manner. They pay their own taxes and generally use their own resources (tools & equipment, etc.); they can set their own hours and also hire employees to complete portions of the work. Often, fees charged by contractors are higher than wages for hourly employees.

You should question the motives of any employer who has hired you as a “dependent contractor”. They may be skirting the law. They might be avoiding paying out your CPP, EI and severance benefits. Contact one of our lawyers for an assessment of your case.

Can my employer ask me to sign an employment contract that suggests I can be let go at will?

Employees applying for jobs at Canadian subsidiaries of U.S. corporations should review their employment contracts closely. We often find at will termination clauses which supposedly allow employers to fire employees without notice. First of all, our laws completely prohibit clauses of this nature. In this matter, there is little room for a Canadian employer to maneuver. They must offer notice or severance pay in lieu to employees. If you must sign such a contract to land the job, consult with one of our lawyers. In almost all cases, our courts will consider the clause void when taken to trial and replace it with a fair level of compensation.

Am I entitled to my old job when I return from disability or maternity leave?

You remain an employee of the company when you are on disability or maternity leave. You may return to your original or a comparable job. Your employer cannot fire you for being on leave. If they do, then they must prove that it was for reasons not connected to your leave. Our courts will demand evidence and the bar is set very high, indeed.

If your leave extends beyond two years, your employer can fire you by declaring the employment relationship “frustrated”. And in this event, you should consult with one of our lawyers.

How much severance am I entitled to when my employer lets me go?

When your employer decides to let you go they must offer you fair notice that your job is ending. You can use this time to look for alternative work while earning a salary.

Alternatively, your employer can offer you severance pay in lieu of this notice period. The Employment Standards Act 2000 outlines the minimum standards for notice and severance pay. However, if your employer terminates you without cause then you could receive an additional level of financial compensation. The circumstances of your employment come into play to determine the fairness of your severance package. We review four basic issues; Your age, your position, length of service and how long it will take you to find another job. If you are close to retirement and at a senior point in your career, chances are you will find some challenges to land an equivalent job any time soon. And in this case, your severance should be much higher than the minimum set out in the ESA 2000.

If my employer changes my job description or pay, do I have to accept it?

This sometimes occurs when new owners take over a company with existing employees. They start announcing the “new order” and all of a sudden the terms of your employment change. This includes seniority, job descriptions, location and hours of employment, etc. It may even include wage cuts. If these changes are necessary for the survival of the business then your boss has to provide you with options. He cannot unilaterally change the terms of your employment.

In exchange for the wage cut, they should offer you equivalent “consideration” .Examples are more vacation time, signing bonuses, reduced hours etc
If these changes are not acceptable to you, then your employer must offer you an adequate severance package to end your employment relationship.

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Awareness of Your Rights Is the Power to Level the Playing Field With Your Employer.

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