Employment Law

Blumberg Segal LLP, located in Toronto, acts for employers and employees in the employment area. Services for employers include preparing employment contracts, advising on employment issues such as compliance with the Employment Standards Act (Ontario) or various issues relating to termination of employment. It is vital for employers to ensure that all employees prior to commencing employment sign a proper employment agreement.

Advice to employees can be offered prior to employment including a review of a draft employment contract and also preparing such a contract where required. It also includes all issues related to wrongful dismissal and if necessary having to resort to litigation or mediation to resolve a dispute with an employer.

Wrongful Dismissal

The loss of a job is emotionally devastating for most people. But if you’ve just been dismissed from your employment - for any reason- in many cases you have more rights than you think. Many employers offer dismissed employees payment in lieu of notice “in accordance with the Employment Standards Act” in Ontario. While your employer’s initial offer of severance may technically comply with the Employment Standards Act, the Employment Standards Act provides only the bare minimum your employer must pay you on dismissal. Your right to severance pay, or “pay in lieu of notice”, under common law may be much higher than what is set out in the Employment Standards Act.

To properly protect your rights in employment, however, you need legal counsel well versed in the ever-changing nuances of employment law. Some of the many factors which may be relevant to determining reasonable notice, or pay in lieu of notice, include: length of employment, age, type of position, availability of alternative employment given an employees training and qualifications, whether an employment contract was signed prior to employment and whether there was consideration for any subsequent changes, whether the employment was term or indefinite employment, whether an employee was encouraged to leave previous secure employment (luring), the amount of salary and compensation, whether health or disability issues are present, the manner of termination and employers conduct both before and after termination, whether working notice was provided, reasons given by employer for dismissal, and whether a release was signed. The most costly mistake a dismissed employee can make is signing a release without fully understanding his or her legal rights.

Blumberg Segal LLP also acts for employers who are interested in understanding their legal obligations and in minimizing risks and damages when dealing with an employee termination.

Blumbergs lawyers have handled a large number of wrongful dismissal cases and can help you achieve the best possible resolution of your employment law or wrongful dismissal issue in a cost-effective manner.



If you require further information on employment law or wrongful dismissal matters please contact Mark Blumberg in Toronto at mark@blumbergs.ca or call 416-361-1982 x. 237.