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Employment rights law in Markham, as in the rest of Ontario, is designed to protect both employees and employers, ensuring a fair and equitable workplace. Employment law governs key aspects such as wages, hours of work, leaves of absence, workplace safety, discrimination, termination of employment, and more. These laws help create a safe, respectful, and productive environment by setting minimum standards that employers must meet and by outlining employees’ rights and obligations.
There are numerous situations where consulting a lawyer who specializes in employment rights is beneficial. For example:
Legal advice can help clarify your rights, ensure regulatory compliance, and maximize the chances of a favourable outcome.
In Markham, employment rights are largely governed by provincial law, specifically:
Municipal bylaws in Markham play a lesser role but may apply to specific industries or workplace settings. Most employment rights disputes in Markham are handled under Ontario’s provincial laws.
Wrongful dismissal occurs when an employer terminates an employee without providing reasonable notice or pay in lieu of notice, unless there is just cause for the termination as defined by law.
You may be entitled to severance pay if you meet certain eligibility criteria under the ESA, including length of service and size of the employer’s payroll. Severance pay is separate from notice or termination pay.
Generally, significant changes to your job (such as a reduction in pay or hours) without your consent can be considered constructive dismissal, which may give you the right to seek compensation.
Most employees are entitled to overtime pay of 1.5 times their regular rate for every hour worked over 44 hours in a week, with some exceptions for certain occupations or managers.
Employers are generally prohibited from terminating or penalizing employees for taking protected leaves, such as medical or parental leave. Exceptions may apply in certain situations, but protections exist under the ESA and Human Rights Code.
You can file a human rights complaint with the Human Rights Tribunal of Ontario if you experience discrimination or harassment in the workplace based on protected grounds.
You should report the harassment to your employer, human resources, or a supervisor (following the employer's policy). Employers must investigate and address harassment under the OHSA. Legal advice can also help guide your next steps.
Most employees earn at least two weeks of vacation per year after each 12-month period, and vacation pay must be at least 4% of gross earnings. Some employees are entitled to more, depending on length of service.
In Ontario, temporary layoffs have specific rules and time limits. If a layoff exceeds the ESA’s allowable duration, it could become a termination, triggering entitlement to termination pay and possibly severance.
Recent changes to Ontario law (effective October 25, 2021) generally prohibit non-compete agreements for most employees, with limited exceptions such as executives. Existing agreements may still be subject to review for enforceability.
If you need more information or support on employment rights issues in Markham, consider these resources:
If you believe your employment rights have been violated or you need tailored advice:
Taking these steps can help protect your rights and ensure you receive the appropriate advice and support for your employment-related concerns in Markham, Canada.
