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Process
Our litigation process begins with a detailed case assessment, analyzing employment contracts, termination letters, and relevant communications against the common law and statutory frameworks like the Canada Labour Code and provincial Employment Standards Acts. We develop a strategy focused on securing maximum entitlements, whether through negotiation or litigation. For instance, in wrongful dismissal cases, we meticulously calculate notice periods, often seeking the common law standard which can provide up to 24 months' compensation or more, far exceeding the statutory minimums. Our approach in matters of Termination & Dismissal is direct and evidence-driven, preparing every case for the possibility of trial.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Timeline | 12-24 months |
| Common Law Notice Range | 3-24 months |
| Limitation Period (Standard) | 2 years |
| Case Assessment Duration | 1-2 weeks |
Local Considerations — Burlington
Employment law practice varies significantly across Canada due to distinct provincial jurisdictions. In Ontario, where Burlington is located, the Employment Standards Act, 2000 sets minimums, but common law principles often govern severance. The region's dense concentration of corporate headquarters and tech startups generates complex termination and contractual disputes. In contrast, federally regulated industries like banking or telecommunications, present nationwide under the Canada Labour Code. Each listed firm adapts its strategy to these regional legal landscapes and local court procedures, providing effective representation whether a client is in Burlington, operates nationally, or faces cross-jurisdictional issues.
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Employment Lawyers in Burlington: Practice Areas
Locations covered in Burlington
Standards & Compliance
- Canada Labour Code
- Ontario Employment Standards Act, 2000
- Canadian Human Rights Act
- PIPEDA (Personal Information Protection and Electronic Documents Act)
Frequently Asked Questions
What is the most common basis for a wrongful dismissal claim?
The most common basis is dismissal without just cause and without providing adequate notice or pay in lieu. 'Just cause' is a high legal standard requiring serious misconduct. Most terminations require reasonable notice or compensation, calculated based on factors like age, position, and length of service.
How long does an employment lawsuit typically take to resolve?
Timelines vary by complexity and court backlog. A straightforward wrongful dismissal case may settle in 6-12 months. If litigation proceeds through discoveries and trial, it can take 18-24 months or longer. We always pursue efficient resolutions while preparing rigorously for trial.
What protections exist against workplace discrimination in Canada?
Employees are protected by federal and provincial human rights legislation. The Canadian Human Rights Act and provincial codes prohibit discrimination based on grounds like race, gender, disability, and age. These laws cover hiring, promotion, termination, and workplace harassment, requiring employers to provide accommodation to the point of undue hardship.
How much does an employment lawyer cost in Canada?
Legal fees depend on case complexity, required documentation, and whether the matter settles or proceeds to trial. Many employment claims are handled on a contingency fee basis, where legal fees are a percentage of the recovery, or through traditional hourly billing. For a specific matter, we provide a clear cost agreement after an initial case assessment.