Toronto Employment and Wrongful Dismissal Lawyers
Termination, Dismissal and Constructive Dismissal
Employee, Independent Contractor or Dependent Contractor
We, at Gilbertson Davis LLP, who practice employment law, can advise and represent employers and employees at all stages of the engagement – during the hiring process, including providing advice about the terms of the employment contract, during employment, and on and after the termination of the employment, including advice about the obligations which continue following the termination of employment.
We can advise you whether or not the relationship is that of an employee, independent contractor or so-called dependent contractor, and the legal consequences of that determination.
The following is a list of some of the employment issues and disputes that the courts and tribunals in Ontario regularly deal with:
- Harassment and Bullying
- Health and Safety
- Employee Fraud
- Hiring and Firing
- Confidentiality and Loyalty
- Non-competition and Non-solicitation
- Employee Theft, Embezzlement, Dishonesty and Fraud
Early Legal Advice – Constructive Dismissal
It is very important to obtain early legal advice about changes in employment arrangements, since some circumstances, on the careful and complete evaluation by a legal adviser, may be considered to comprise constructive dismissal. This is a very important determination since getting it wrong would have very negative legal consequences. Likewise, obtaining early independent legal advice on the termination or threat of termination of employment is very important.
On dismissal, termination, lay off or redundancy, both employees and employers will need advice as to whether or not the actions of the employer comprise wrongful dismissal or dismissal for cause, and the consequent legal obligations. We can advise and represent you during this process. We can provide efficient, cost-effective advice and representation during the termination process, including determining the nature of the relationship, whether or not the termination or dismissal is for cause, and the reasonable notice period and severance package, if any.
Examples of Issues Concerning Dismissal
The following is a list of some of the issues and disputes that the courts and tribunals in Ontario regularly deal with concerning dismissal:
- Change of Terms by Conduct
- Mitigation and Seeking Alternative Employment
- Reputational Damage
- Condonation of Conduct
- Restrictive Covenants
- Constructive Dismissal
- Severance Packages
- Dismissal for Cause
- Reasonable Notice Period
- Termination Without Cause
- Wrongful Dismissal
- Lay off
- Relocation and Changes in Employment Terms
Former Employee – Continuing Obligations
During employment and afterwards there may be obligations, pursuant to the terms of the employment contract, separate agreement, as noted below, or by the statute or common law of Ontario, in connection with the information, knowledge and connections made during the employment. We can provide prompt advise as to the existence, and effect of such agreements and laws.
- Confidentiality Agreements
- Non-Competition Agreements
- Trade Secrets, Client Lists and Confidentiality
- Employee Fiduciary Duties
- Non-Solicitation Agreements
- Breach of Trust and Loyalty
Why Gilbertson Davis LLP?
Gilbertson Davis LLP can provide prompt, cost-efficient and results-oriented legal advice and legal representation in employment and wrongful dismissal matters. Some of our lawyers have appeared in all civil courts in Ontario, including appellate courts. Some have handled matters referred to the Human Rights Tribunal of Ontario and the Ontario Labour Relations Board.
If you have an employment issue or dispute, contact Gilbertson Davis LLP for an initial consultation.