Last fiscal year, there were nearly 9,000 claims filed against employers in Ontario alone; claims against employers for a number of improprieties are anything but rare. An employment lawyer in Toronto can help you navigate the intricacies of employment law, ensuring that your case has a higher chance of success and potentially netting you a higher claim when the case is resolved.
But when should you work with a Toronto employment lawyer? Let’s take a deeper look at your options should you choose to file a claim against your employer.
Leveraging Employment Law to Protect Your Rights
The most common violations of the Employment Standards Act, 2000 (ESA) and its regulations tend be related to:
- Payment of wages
- Vacation pay/vacation time
- Termination pay
- Public holidays/public holiday pay
- Overtime pay
So when can you file a claim against your employer? If any regulations of the ESA have been violated. The five categories above simply outline the most common regulations that are breached – there are other ways that an employer may be liable for damages done to their employee or employees.
Sometimes, these breaches are simple: not being paid wages, not being paid overtime, being denied public holidays, etc.
But other times your employer may be in violation of a right that you weren’t even aware that you had, like the right to a specific allotment of minimum vacation time per year for full-time employees? And that this allotment increases after a certain period of time working with your employer?
Employers who knowingly breach their employees’ rights often rely on their employees’ lack of knowledge of the ESA in order to avoid detection, punishment, and paying their employees what they are owed in damages.
Reading up on the ESA is one way to identify if your rights have been violated. An alternative, however, is to consult employment lawyers in Toronto for their opinion on your situation. You can often get an employment lawyer, Toronto free consultation, so if in doubt, it never hurts to ask a professional for their assessment of your situation.
How Do I Pay My Employment Lawyers Toronto? Understanding the Employment Lawyer Toronto Contingency Fee
One reason that many Torontonians avoid contacting employment lawyers is because they’re concerned regarding the price. This can be especially stressful when in a dispute with an employer and your employment situation may be tenuous – or you may be pursuing a claim post-dismissal.
But there’s good news: you can often benefit from an employment lawyer Toronto contingency fee. What does that mean? Put simply, a contingency fee is an arrangement between you and the Toronto employment lawyer whereby your lawyer will only be paid if you win or settle your case for more than you were originally offered (if anything).
That means that you won’t ever pay your employment advocate a dollar out of your own pocket, and instead they will be paid a percentage of the overall settlement or court award.
This essentially removes all financial risk from you, the claimant, when pursuing a claim against your employer.
Better yet, as mentioned above, some employment lawyers will assess your case during a free consultation, so you can take stock of all your options without having to make an initial investment.
Different Employment Law Infringements
Wrongful Dismissal Lawyer
If your employment has been terminated without your employer providing reasonable notice of termination, then you should consult a wrongful dismissal lawyer.
Reasonable notice is based on a variety of factors, including:
- The employee’s length of service
The longer you’ve worked, the more senior or specialized your role is, and the higher in age you are, the more notice of termination you may be entitled to.
It is quite common for employers to not provide an employee with reasonable notice of termination or offer an employee a severance package in lieu of notice.
If you have had your position terminated, you are always best off having a wrongful dismissal lawyer review your employment history and severance package offer before accepting your employer’s offer.
Unpaid Overtime Lawyer
Many employees often don’t receive the overtime pay they are entitled to.
The Employment Standards Act, 2000, S.O. 2000, c. 41 or the Canada Labour Code, R.S.C. 1985 c. L-2 determines whether you are entitled to overtime pay – not an employment contract or your specific employer’s practices.
Many employers operate as if salaried employees are not entitled to overtime pay – but that’s false.
Even if your employer has paid overtime, if they determined the amount only based on your salary and not other wages (including commission) that need to be accounted for in determining the rate of overtime pay. If they have not done so, they could be liable for years of backpay – contact an unpaid overtime lawyer to find out more.
Unpaid Vacation Lawyer
Many employers do not pay their employees proper vacation pay. Most employers will pay an employee their base salary while they are on vacation; If you earn commission, bonuses, or other wages in addition to salary, they have to be included, but it’s common for employers to skip out on that extra pay. Contact an unpaid vacation lawyer if that’s the case.
Constructive Dismissal Lawyer
Constructive Dismissal is when your employer unilaterally and materially changes the terms of your employment contract. Examples of potential constructive dismissal cases include:
- Decrease in remuneration
- Change of responsibilities
Constructive dismissal can be difficult to prove without a constructive dismissal lawyer on your side.
Work With a Leading Employment Lawyer Toronto
If you’re in need of a leading employment lawyer Toronto to fight and protect your rights, you need the employment lawyers at Unified.
We are dedicated to serving our clients and ensuring they reach the best outcome possible in their employment law claims. Get an employment lawyer, Toronto free consultation so we can better assess your case and begin building your claim if we move forward. Get in touch with us today to protect your employment rights.