Four Years Running
Experience You Can Trust
The experienced Toronto employment lawyers at Lecker & Associates have helped clients resolve disputes with their employers for over 35 years. From negotiating fair severance packages, securing disability benefits and offering strategic advice on employment contracts, to litigating egregious human rights violations and workplace harassment cases, we represent our clients aggressively and with swift efficiency.
Our singular focus is to fiercely defend employee rights.
We operate with deep expertise in this field.
Employment Lawyers
As skilled negotiators, our employment lawyers settle most cases without going to trial. However, we don’t shy away from trials when circumstances demand them. We have accrued deep knowledge and experience to litigate your case from Ontario Small Claims Court, Superior Court, Divisional Court to the Ontario Court of Appeal.
Our Practice Areas
Our experience, crafted over decades of practice, allows us to represent you with excellence.
Some of our services include:
Wrongful Dismissal
A wrongful dismissal, sometimes referred to as an unjust dismissal, is generally about two things. Did your employer dismiss you fairly?
Constructive Dismissal
Constructive dismissal is a very unfortunate by-product of an employment relationship gone sour. It occurs when an employee is unwillingly forced into quitting their job.
Severance Negotiations
Termination notices almost always leave employees shell shocked. While this reaction is understandable, it should not stand in your way of receiving full entitlements as a terminated employee.
Contract Workers
Employers, large and small, prefer hiring contract workers. For years, this practice furnished them with a steady stream of highly qualified and flexible workers while conveniently enabling them to avoid the costs commonly associated with full time, permanent jobs.
Job Layoffs
It well understood that in tough economic times, employers carry higher financial risks than their employees. The law expects them to do everything they can to ride the tide without job layoffs.
Parental Leave
Nobody understands just how precarious job security can feel more than a woman who is pregnant and contemplating her maternity leave. Our laws were written especially to protect you from the time you announce your pregnancy or start showing, through to when you return to work following parental leave.
Workplace Harassment
Workplace harassment is illegal in Ontario. You have the right to work in a safe and healthy workplace under the Occupational Health and Safety Act.
Harassment sometimes escalates to violence if left unchecked. It causes mental and physical health problems and it leads to staff absences. Ultimately, it creates a toxic workplace, ripe for constructive dismissal and wrongful dismissal cases. There is little reason for any employer to stand by and do nothing about it. It benefits nobody.
Disability Benefit Claims
Many Canadian employees enjoy the perks of having short term and long term disability benefits as part of their employment contract. Most people never need them.
Every case we manage is unique and distinctive to the circumstances of our clients. But we see a common theme in all of them. Our clients lack knowledge about their employee rights and entitlements.
We level the playing field
Legal Fees
Are you concerned about your ability to afford legal fees? Do not let this deter you from obtaining your lawful entitlements. At Lecker & Associates, we do not require a retainer up-front for most cases. Instead, we charge a percentage of the settlement we obtain for you.
Ministry of Labour & Ontario Human Rights Tribunal
You can file a claim with the Ministry of Labour or OHRT for free. The administrative procedures are straightforward and retaining an employment lawyer is not compulsory. However, before you decide on self-representation, know that your employer will likely hire professional legal counsel to defend themselves. We strongly recommend you proceed with equal representation yourself, especially if your case is complex, to improve your chances of success.
Furthermore, both the Labour Board and OHRT have limitations. A Labour Board ruling will only allow you to collect the minimums stipulated by law. They do not consider extra compensation you might rightfully qualify to receive under Common Law. Similarly, the Human Rights Code addresses matters of discrimination. Accordingly, they will not award amounts for lost wages, severance pay, bonuses, etc.
Our employment lawyers only take on your case if we believe we can get you more than what the Labour Board and OHRT might award.
NOTABLE CASES
The Keenan Case
The Keenan Case represented a watershed moment for contract worker rights. The judge recognized them as a new class of workers, the Dependent Contractors, with rights no different from employees.
The Keenan’s received the highest-ever compensation awarded to contract workers dismissed without compensation in Canada. And this case directly influenced changes to our employment laws.
FREQUENTLY ASKED QUESTIONS
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 such clauses . 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.
You remain an employee of the company when you are on disability leave or parental leave. You may return to your original or one comparable to it. Your employer cannot fire you for being on leave. And if they do, then they must prove that it was for reasons unconnected 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.
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 outlines the minimum standards for notice and severance pay. However, if your employer terminates you without cause, then you could be entitled to more than the minimum. The circumstances of your employment come into play to determine the fairness of your severance package, such as 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. Contact us before you sign any termination contract to ensure you don’t leave money behind.
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.
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 a true “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.
Any other type of arrangement is likely that of 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.
Client Testimonials
What our clients are saying
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Anyone who has lost their job can understand how emotional the situation can be. It is critical to have a legal team that not only understands your entitlements under Canadian... read more
Andrew Wooldridge
Anyone who has lost their job can understand how emotional the situation can be. It is critical to have a legal team that not only understands your entitlements under Canadian... read more
Andrew Wooldridge
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Lecker & Associates is on POINT. From my first call to their quick follow up they were great. They connected me Ian Hurley the time spent with him was so... read more
Samantha Renée
After working for a company for 34 plus years a friend recommended Maria Esmatyar from Lecker & Associates to review my severance package. Faced with this unexpected turn in... read more
A&N Iacobellis
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After working for a company for 34 plus years a friend recommended Maria Esmatyar from Lecker & Associates to review my severance package. Faced with this unexpected turn in... read more
A&N Iacobellis
Jared was very attentive and always quick to respond to emails. The firm got me the results that I wanted for my case. Highly recommend Lecker Law and Associates
Steven “Goober” Kazavchinski
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Working with Ian and Nathan was a great experience. Their help was critical in bringing my case to an amicable resolution. Very positive experience.
Nasir Khan
Highly recommend this firm. So incredibly professional, knowledgeable and highly qualified individuals. Excellent experience!
Joanne Syntetos
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I was recommended to call Lecker & Associates by a co-worker who had used them. From the first moment I called, my case was given to Kimberley Sebag B.A., B.C.L.,... read more
Shari LeDrew
Connecting with Maria Esmatyar was extremely helpful, as she provided solid guidance which gave me confidence to make important decisions. She has a professional team who responded promptly and... read more
Tracy Pike
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Thank God that I called Lecker and Associates to discuss my work situation . Maria Esmatyar worked on my case and it has been an exceptionally a blessed experience... read more
harmit sandhu
I recently had the pleasure of working with Maria Esmatyar and Jassanthy Pakirisamy. Their professionalism, expertise, and communication were exceptional. Maria achieved a favourable outcome and showed genuine care for... read more
David Thibodeau
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Ian and Nathan at Lecker & Associates helped me through this rather tough stage of my employment. Ian explained all what to expect and the timeline. I was able to... read more
Peter Niit
Outstanding lawyers. I have known Bram for over thirty years. All my referrals are extremely happy with the quality of legal representation and results. Highly recommend this law... read more
Joseph Neuberger
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Ian Hurley and Nathan Whittingham are the focused, empathetic and driven people that you want on your team when it comes to asserting your rights in front of your employer.... read more
Michelle Kojder
My experience with Lecker & Associates was first class. Maria and her team (esp. Jass) were incredibly knowledgeable, courteous and professional when dealing with me. Further, Maria really seems... read more
Saunda Jarvis
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From start to finish, the experience I had with Jared Lecker and his team was flawless. As a first-time client, I didn’t know what to expect, but Jared made sure... read more
Amelia Junop
From start to finish, the experience I had with Jared Lecker and his team was flawless. As a first-time client, I didn’t know what to expect, but Jared made sure... read more
Amelia Junop
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I was highly impressed with Lecker & Associates, especially Jordan Reiner. He was professional, responsive, thorough, and determined throughout my case. Jordan's support, knowledge, and patience made me feel he... read more
Qi “Lauren” Pan
Highly competent employment law firm. I would recommend Matthew Fisher as a knowledgeable, meticulous, and effective counsel, who genuinely cares about his clients. Eslita, the admin is also very competent... read more
Vahe Makdessian
Speak With Experienced Toronto Employment Lawyers
Awareness of Your Rights Offers You the Power to Level the Playing Field With Your Employer.