Best Employer Lawyers in Markham

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Audemus Law Firm PC

Audemus Law Firm PC

Markham, Canada

Founded in 2020
English
Audemus Law Firm PC, located in Markham, Ontario, offers comprehensive legal services across various practice areas, including business law, real estate transactions, estate planning, and dispute resolution. The firm is dedicated to providing tailored legal solutions that address the unique needs...
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About Employer Law in Markham, Canada

Employer law in Markham, Ontario, falls under the broader scope of employment law as governed by both federal and provincial statutes. Employers in Markham must comply with the Ontario Employment Standards Act (ESA), the Occupational Health and Safety Act (OHSA), the Human Rights Code, as well as relevant federal laws for certain industries. Markham's diverse and dynamic business community means that employer law plays a vital role in ensuring fair, safe, and productive workplaces. Whether you are a business owner or a human resources professional, understanding employer law can help you navigate workplace obligations and prevent legal issues.

Why You May Need a Lawyer

There are several common situations where seeking legal advice as an employer in Markham is crucial. These include drafting employment contracts, handling employee discipline or termination, managing workplace harassment complaints, complying with legislative changes, and resolving disputes. You may also need a lawyer if you are facing a Ministry of Labour inspection, responding to wrongful dismissal claims, managing complex layoffs or restructures, or dealing with human rights complaints. Proactive legal advice can help protect your business from costly litigation and ensure that your practices comply with all applicable laws.

Local Laws Overview

Key employer obligations and legal considerations in Markham, Ontario, include:

  • Employment Standards Act (ESA): Sets minimum standards for wages, hours of work, overtime, vacation, public holidays, termination, and severance.
  • Occupational Health and Safety Act (OHSA): Requires employers to provide a safe workplace and prevent injury or harassment.
  • Ontario Human Rights Code: Prohibits discrimination and harassment in employment based on protected grounds such as race, sex, disability, and age.
  • Labour Relations Act: Governs unionized workplaces and the collective bargaining process.
  • Accessibility for Ontarians with Disabilities Act (AODA): Requires employers to ensure accessible hiring practices and workplaces.
  • Markham employers may also have municipal bylaws and specific industry standards to consider, especially in regulated fields.

Employment law is always evolving, so staying informed and compliant is essential for all employers.

Frequently Asked Questions

What are my basic obligations as an employer in Markham?

You must comply with the minimum requirements under the Ontario ESA, provide a safe workplace, and ensure non-discriminatory practices.

How do I properly terminate an employee?

Terminations must comply with statutory notice or pay in lieu, follow your contract terms, and must not violate human rights or employment standards.

Do I need employment contracts in writing?

It is strongly recommended to use written employment contracts to clearly outline roles, responsibilities, notice periods, and workplace policies.

Can I change an employee's job duties or pay?

Significant changes may constitute constructive dismissal if not consented to by the employee. Legal advice is recommended before making changes.

What steps should I take if an employee complains about harassment or discrimination?

Conduct a prompt, thorough investigation, maintain confidentiality, and follow your company’s policies and legal requirements.

Do I need to provide accommodations to employees?

Yes. Under the Human Rights Code and AODA, employers must accommodate employees with disabilities up to the point of undue hardship.

Are there special rules for overtime pay?

Yes. Most employees are entitled to overtime pay at 1.5 times their regular rate after 44 hours of work in a week, with some exceptions.

What are my obligations regarding workplace safety?

Under OHSA, you must identify and mitigate hazards, provide training, and ensure policies for workplace safety and harassment prevention are enforced.

How do I handle a Ministry of Labour complaint or inspection?

Cooperate fully, produce requested documents, and follow up on any required corrective actions. Consider getting legal representation.

Do small businesses have different legal requirements?

Almost all employment laws apply regardless of business size, but there may be exemptions or simplified procedures for certain obligations.

Additional Resources

There are several resources and organizations available to assist employers in Markham:

  • Ontario Ministry of Labour, Immigration, Training and Skills Development: Provides information, publications, and support for employers on employment standards and workplace safety.
  • Human Rights Legal Support Centre: Offers guidance regarding human rights compliance and complaint processes in Ontario.
  • Markham Board of Trade: Connects local businesses with resources, networking, and legal workshops.
  • Canadian Federation of Independent Business (CFIB): Offers advocacy, legal guidance, and HR support for small and medium businesses.
  • Law Society of Ontario: Can help you find qualified employment lawyers in your area.

Next Steps

If you believe you need legal assistance as an employer in Markham, start by gathering all relevant documents, such as employee contracts, policies, and records of the issue at hand. Consult with a qualified employment lawyer who understands Ontario law and has experience working with businesses in Markham. Document your concerns and questions to ensure an efficient consultation. Proactive legal advice can help you address current issues and prevent future risks, safeguarding your business and ensuring compliance with all employment obligations.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.