Employment Law Help in Ontario
This page is general information for people in Ontario. It is not legal advice, and Law HelpLine is not a law firm. Laws and deadlines change and every situation is different, so check your own facts with a licensed lawyer or paralegal.
Employment law covers the rights and duties of employers and employees. Most Ontario workplaces are covered by the Employment Standards Act, 2000 (ESA), which sets minimum rules. Other protections come from contracts, the Human Rights Code and the common law.
Common employment problems
- Termination without cause. Employers usually must give notice or pay instead of notice, and some must also pay severance.
- Termination for cause. Employers sometimes say there was misconduct. The bar for this is high and employers often have to prove it.
- Constructive dismissal. A major unilateral change, such as a big pay cut, may count as a firing.
- Unpaid wages, overtime or vacation pay.
- Discrimination and harassment.
- Reviewing a contract or a severance offer.
Minimum rules under the ESA
For most employees with at least three months of service, the ESA requires written notice of termination or pay in lieu. The minimum goes up with years of service, to a maximum of eight weeks. Employees with five or more years of service may also get severance pay under the ESA if the employer has a payroll of $2.5 million or more, or has closed all or part of its business and ended the jobs of 50 or more employees. Severance under the ESA is capped at 26 weeks. Some employees are excluded, and an employer can show an exemption applies.
These are only minimums. A court can award more under common law, which looks at age, length of service, role and the job market. Your employment contract matters too, although some termination clauses are not enforceable.
Do not rush to sign
If you are handed a termination letter and a release, you can usually take time to review it. Signing a release can end your right to claim more.
Time limits
Court claims generally must start within two years of when you knew about the claim. Complaints to the Ministry of Labour have their own deadlines, so check yours early.
Finding a lawyer or paralegal
Law HelpLine is an independent legal information website. We are not a law firm and we do not give legal advice. To find a licensed lawyer or paralegal, use the Ontario government’s Find a lawyer or paralegal page or the Law Society of Ontario directory at lso.ca. If you are in danger, call 911.