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Process
Our legal methodology begins with a detailed case assessment, analyzing employment contracts, termination letters, and all relevant communications. We apply key provisions of the Ontario *Employment Standards Act, 2000* and common law principles to quantify entitlements. For instance, common law notice periods can far exceed statutory minimums, often resulting in severance packages valued at 3 to 24 months' salary. Our process involves strategic demand letters, without-prejudice negotiations, and, if necessary, litigation in the Ontario Superior Court of Justice. We handle complex matters including constructive dismissal and bad faith claims. For specific guidance on your situation, explore our service page for Termination & Dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Project Timeline | 4-8 weeks |
| Common Law Notice Range | 3-24 months |
| Statutory Termination Notice | 1-8 weeks |
| Limitation Period (Ontario) | 2 years |
Local Considerations — Pickering
Employment law practice varies significantly across Canada, influenced by provincial legislation. In Ontario, where Pickering is located, the *Employment Standards Act, 2000* sets the baseline, but common law precedents from courts in Toronto and Ottawa often dictate higher entitlements. The dense corporate and tech sectors in the Greater Toronto Area generate complex cases involving stock options, restrictive covenants, and executive compensation. Each listed firm's presence in Pickering positions us at the heart of this dynamic market, allowing us to provide responsive, regionally-attuned counsel. We are equipped to navigate the specific legal landscape that affects employees in this major economic hub.
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Employment Lawyers in Pickering: Practice Areas
Locations covered in Pickering
Standards & Compliance
- Employment Standards Act, 2000 (Ontario)
- Canada Labour Code (Federal)
- Ontario Human Rights Code
- Common Law Principles of Reasonable Notice
Frequently Asked Questions
What is the most important first step after being dismissed?
The critical first step is to seek legal advice before signing any release or severance agreement. Once signed, you typically forfeit your right to pursue further legal action. An employment lawyer can review the offer against your entitlements under the Employment Standards Act and common law.
How is a severance package calculated?
Severance is calculated based on statutory minimums under the ESA and, more significantly, common law entitlements. Common law notice is determined by the Bardal factors: your age, length of service, character of employment, and availability of similar work. This often results in a package worth several months to over a year of salary and benefits.
What is the time limit to sue for wrongful dismissal in Ontario?
The limitation period in Ontario is two years from the date of termination. It is imperative to commence a legal action within this timeframe, or your claim will be statute-barred and extinguished. This deadline underscores the need for prompt legal consultation.
How much does an employment lawyer cost in Canada?
Legal fees depend on case complexity, the stage at which it resolves (negotiation vs. trial), and the lawyer's experience. Many employment matters are handled on a contingency fee basis, where the lawyer's fee is a percentage of the settlement or award, or through hourly billing. We provide clear fee structures after an initial case assessment.