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
-
I have had the privilege of working with Lecker & Associates on two separate occasions, and both experiences have been outstanding. Mathew Fisher and his team were exceptional in handling... read more
Michelle Albanese
I had the privilege of working with Matthew Fisher and Eslita Ramkishun at Lecker & Associates, and I couldn’t be more pleased with their services. From start to finish, they... read more
Michael Wang
-
Lecker & Associates helped me in resolving my employment matter to my full satisfaction. Their team of professionals have a very streamlined intake process and they really fight for you... read more
Som ANet
I recently had the pleasure of working with Lecker & Associates and I cannot commend the entire team enough for their exceptional professionalism and support. From start to finish, they... read more
Jose Duran
-
It was great working with Kimberley and Nicole. They guided and supported me through the entire process, regularly kept me up to date, and provided all the information I needed.... read more
david quinio
Had an excellent experience with this firm. Shira Levine is extremely professional and knowledgeable. She made me feel comfortable and answered all of my questions and/or concerns that... read more
Tamara Kdr
-
I had the pleasure of working with Maria Esmatyar and her Law clerk, Jassanthy Pakirisamy. Maria Esmatyar is a trustworthy, confident and knowledgeable employment lawyer and was dedicated to helping... read more
Mayur Soni
I lost my job in April, and Ian Hurley and Nathan did an amazing job helping me through it. Every step and every move was discussed and explained thoroughly. I've rarely... read more
Yana Bilousova
-
Jared Lecker and his law clerk Jassanthy Pakirisamy are excellent the best in their work and help me out for my settlement. Best wishes.. and many thanks, Ali... read more
ME -
Maria and Jass were extremely professional and personable. The entire process was seamless and both ensured ongoing communication and follow up. Thank you for caring through a stressful... read more
Laurie Opie
-
The team at Lecker Law helped me with my employment settlement. Not only did they patiently listen to all my concerns, they addressed each one throughout the process an... read more
Dan San
The team at Lecker Law helped me with my employment settlement. Not only did they patiently listen to all my concerns, they addressed each one throughout the process an were able... read more
Dan San
-
Maria Esmatyar and Jassanthy were fabulous to work with as they worked through my claim to a successful conclusion. I received regular progress updates, had the ability to review and... read more
Birch’s Birch
I had the pleasure of working with Maria Esmatyar and Jassanthy as my lawyers and they were both amazing in every way. They were very kind and helpful throughout the... read more
Alexander Monardo
-
Maria and Jass were very helpful, attentive and always kept me informed throughout the entire process.
Jimd2500
I had the pleasure of working with Kimberley and her team in a sudden turn of events which made the situation so stressful for me. Tina, Nicole, the team, they... read more
Mallika Makhijani
-
Matthew and Eslita are both great to work with. Matthew is very thorough in explaining the process he is following and Eslita is super responsive. I highly recommend for anyone... read more
Jon Dermott
I was referred to Matthew Fisher and Eslita Ramkishun at Lecker & Associates. I am truly appreciative of their dedication, expertise, and unwavering support throughout the process. I felt in... read more
Jeffrey Teh
-
I greatly appreciated the help of Ian Hurling at Leckers Law. He is highly knowledgeable and experienced. I greatly appreciated his to-the-point communications with me. He was able to translate... read more
Glenys Babcock
I could tell I was in good hands with Kimberley and Tina, and that makes a big difference when navigating a situation like this. They made sure I had the... read more
Steve Gold
Speak With Experienced Toronto Employment Lawyers
Awareness of Your Rights Offers You the Power to Level the Playing Field With Your Employer.