Services for Employees

While it’s not required, having a lawyer review your employment contract before signing is a worthwhile investment in your future. Beyond providing significant protection and peace of mind, a lawyer can identify unfavourable terms and explain how they might impact you. A lawyer can also help you negotiate more favourable terms, or help equip you to negotiate on your own directly with your new employer.

First, report it. As an employee, you have legal protections in the complaint process and cannot be punished for filing a workplace harassment complaint in good faith. 

Moreover, you have a legal right to report workplace harassment, and your workplace should have a policy that outlines the steps for reporting it. This policy should include procedures for reporting and information on how complaints will be handled. If you’re unsure how to access the policy, you have the right to ask your employer about it.

A lawyer can help you draft your complaint, navigate the investigation process, and advocate for you with your employer or in any legal proceedings that may follow. 

If you would like to file the complaint yourself, do so in writing, whenever possible, and include sufficient detail such that the employer can begin investigating the complaint. Keep your own records of your complaint and related documents, as these will prove helpful if any issues arise.

Legal fees depend on the lawyer’s experience, knowledge and skill, as well as the type of service provided. At Mouck Workplace Law, our standard rate is $425/hour plus HST, unless a different rate or fee arrangement has been agreed to.  

In some cases, we may agree on alternative retainer arrangements: 

1. Limited Scope Retainer: We assist you with a certain part of a case, without committing to representing you in the whole proceeding.

2. Contingency Fee Retainer: You make no upfront payment. Our fee is a percentage of the money we recover on your behalf.          

Litigation is time intensive and therefore usually more costly than obtaining proactive legal advice.  Consulting with us before issues escalate—for example, before you resign or claim constructive dismissal—is an effective way to reduce your legal risk and manage costs.

It depends. Unless remote work is a term or condition of your employment or required as an accommodation under human rights legislation, your employer has the right to make and enforce its own policies—including insisting that work be performed in a specified location. Refusing to adhere to your employer’s requirements without legal justification may be seen as insubordination and could lead to termination, with or without cause. 

Every situation is different, so it’s best to get legal advice before making any decisions that could affect your employment.

You have the right to be free from discrimination and harassment at work based on protected grounds such as disability, race, sex, family status, etc.

If you believe you have been treated negatively or unfairly at work because of protected grounds, you should obtain legal advice to explore filing a human rights complaint. If you’re unionized, it is recommended that you start by contacting your union to discuss your options. 

Act quickly, as there are strict time limits on filing human rights applications in Ontario.

A wrongful dismissal means your employer has terminated your employment without giving you enough notice or pay in lieu of notice. 

If you think you have been wrongfully dismissed, don’t sign anything until speaking with a lawyer to learn more about your legal entitlements and determine whether you can claim wrongful dismissal. If you can claim wrongful dismissal, a lawyer can advance your claim through a demand letter, negotiations with the employer, and, if it becomes necessary, litigation.

Your rights may differ depending on whether you’re looking at a temporary layoff or termination. 

As the name implies, temporary layoffs only last a limited amount of time. At the end of that period, you must either be called back to work or given termination pay. Whether you can be laid off depends on the norms of your industry and the terms of your employment contract. 

If you’re being terminated, that means your job is ending permanently. If that happens, you are entitled to termination pay based on the terms of your employment contract, employment standards legislation, and, in some cases, common law (judge-made) rules about termination pay.

Contact an employment lawyer before taking any steps to resign from your employment. You may be experiencing a constructive dismissal if your employer has made the work environment so intolerable that you feel forced to resign or has made significant changes to your job.

Constructive dismissal claims are complex and carry risk for employees. It is wise to get advice early to protect your rights.

You have rights under both human rights and employment standards legislation if you become sick and unable to work. You may be entitled to a paid or unpaid medical leave of absence, but your employer will also be justified in asking for certain documentation to support the leave.

No. We recommend obtaining legal advice before signing anything. Even if at first glance you’re happy with the proposed terms, a lawyer can ensure that the proposal meets your entitlements and protects your rights. 

Employers can’t force you to accept a severance package at a termination meeting. Typically, employees are given some time following the meeting during which to consider their offer and get legal advice. If your employer demands immediate acceptance, you can request an extension of time or have a lawyer do so on your behalf.

That depends on your particular circumstances.

A lawyer will help you determine whether it is advisable to attempt to negotiate based on your legal entitlements, personal priorities and circumstances, and strategic considerations. 

A qualified lawyer will be honest and forthright in their assessment of the severance package you’ve been offered, conduct a cost-benefit analysis to help you decide whether you want to accept the offer, enter into negotiations on your behalf, and commence litigation should matters escalate.

Non-solicitation and non-competition clauses, also referred to as “restrictive” clauses, are designed to restrict your activities during and after your employment in a specified geographical area and for a set period of time.

Non-solicitation clauses are intended to prevent you from soliciting employees or former customers away from your previous employer. 

Non-competition clauses may try to stop you from working for a competitor or operating a competing business. These clauses are not always enforceable, so check with a lawyer if there’s one in your contract. 

If you’re unsure about any part of an agreement you’re being asked to sign, a lawyer can explain what they mean and whether they’re enforceable.

You’re not required to tell your employer that you’re pregnant, but you are required to give notice if you plan to take pregnancy and/or parental leave under the Employment Standards Act or equivalent federal legislation. 

Giving your employer adequate notice of a pregnancy/parental leave helps you and your employer effectively plan for the leave and have discussions about coverage and communication. 

Your employer must keep your pregnancy confidential and cannot discriminate against you because you’re pregnant and/or planning to take pregnancy/parental leave. This is prohibited by human rights and employment standards legislation. If you’re concerned about how your employer has treated you after disclosing a pregnancy, speak with a lawyer about your options.

If you require accommodations during your pregnancy or after giving birth and returning to work, your employer is obligated to provide them under the Human Rights Code. They would first need to be advised of your accommodation needs.

Yes, your employer can contact you on sick leave, but the nature of the communication should be reasonable and respectful and not interfere with your privacy or recovery.

Your employer can’t demand to know personal or medical information, and you have the right to set reasonable boundaries and expectations about how and when they contact you.