If you believe your termination package is inadequate, you have two avenues to seek resolution. You can file a claim with the Ministry of Labour, commonly referred to as the Labour Board. Or you can hire an employment lawyer. The Labour Board process is free and you can easily file your papers on-line. However, before you proceed down this path, understand the limitations.
The Summary Judgement is a cost effective court procedure that allows lawyers to fast track settlement of wrongful dismissal lawsuits. They level the playing field for employees by taking away the fear of long and drawn-out legal battles with employers, who might have deep pockets.
Recognizing the Signs of an Unlawful Layoff | Layoffs must meet very specific conditions outlined in the Employment Standards Act. Some employers cycle their employees through random sham layoffs, making work schedules and income so unpredictable that employees end up quitting in frustration. This is a common cost saving tactic during economic downturns to avoid termination pay.
Ontario’s employment laws have been updated to uphold the rights of a workforce increasingly employed in the “gig economy”, with contract, part-time and temporary work. Today, employers must be clear about the status of their temps. As Dependent Contractors, they are not inferior to employees. Misclassifying them as “independent contractors” is unlawful.
Employers have very little leeway to fire you without adequate compensation. There are many legal instruments that discourage them from doing so for trivial reasons or for false and unproven accusations. Our laws inflict severe penalties on employers who pursue such allegations and then miss the mark. Ontario employees can take comfort that the law is firmly on your side in this matter.