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

Employee Mental Health

Many workplaces refuse to accept employee mental health as a problem. They discriminate against employees suffering from anxiety and depression, often exacerbating the nature of the illness.

Sexual Harassment in the Workplace

Sexual harassment includes any conduct, comment, gesture or contact of a sexual nature that can cause offense or humiliation to an employee. Your job, training or promotion should never be dependent on a condition that is sexual in nature.

Vacation Benefits – What Every Ontario Worker Should Know

Vacation Benefits – Who doesn’t love a vacation? Time off from your job to spend at leisure with friends and family! As an Ontario worker, your vacation benefits are governed by the Employment Standards Act, 2000 (ESA). Collectively, these benefits include vacation time, vacation pay and statutory holiday pay.

Firing Federal Employees

On July 14, 2016, the Supreme Court delivered a landmark decision that affected employees working in federally regulated industries. These include banks, airlines, telecommunications companies, federal crown corporations like Canada Post, etc. If you are such an employee and your pink slip says that you were fired without cause, know this. The Supreme Court of Canada has ruled that firing federal employees without cause is effectively illegal under the Canada Labour Code (CLC).

Employment Insurance Documents – Understanding your Record of Employment

Employment Insurance Documents – Your Record of Employment (ROE) | In the event of a job loss, look out for your Record of Employment. Your employer prepares this document as a representation of your employment history with them. This is the most important of all employment insurance documents. Service Canada will use information from your ROE to determine your eligibility for an Employment Insurance claim.

Workplace Accommodation: Miscarriage & Pregnancy Related Illnesses

If you become temporarily disabled due to an illness or injury, your employer must offer reasonable accommodation so you can continue working. The Human Rights Tribunal of Ontario recently expanded the definition of disability to include circumstances uniquely faced by pregnant women.

Medical Marijuana and Workplace Intoxication

Medical Marijuana is in the news almost daily with legislation underway to legalize it. Canadian physicians are prescribing it with increasing frequency for pain, disability and chronic illness. Accordingly, with easier access to this drug, could workplaces encounter more cases of marijuana intoxication? Under our current laws, your employer can fire you for being intoxicated on duty. And they are not obliged to offer you notice or severance pay in this instance. However, with medical marijuana, the issue is not as clear cut. Your employer must treat this like any other prescription drug.

Employment Insurance? Laid Off and Wondering What To Do?

Employment Insurance? Laid Off and Wondering What To Do? | Your boss has just fired you. Shell shocked, you come home not knowing what to do. If your employer provided you with a bunch of papers when you left, keep them safe. Catch your breath and give yourself a few days to gather your thoughts.

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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Toronto Employment Lawyers - Lecker & Associates

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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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