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Hiring and firing (also known as employment termination) are key aspects of employment law in Etobicoke, a region within the City of Toronto, Ontario. Both employers and employees have rights and responsibilities governed by federal and provincial statutes, as well as by court decisions and employment contracts. The rules set out obligations for proper hiring practices, offers of employment, workplace standards, notice periods, severance, and the lawful reasons and methods for ending employment. Understanding these legal frameworks reduces risks for both employers and employees, and helps ensure fair treatment in the workplace.
Legal help is often needed in hiring and firing situations because employment law is complex and mistakes can be costly. Common scenarios where someone may require legal advice include:
Lawyers can guide you through difficult discussions, help you understand your legal position, and advocate on your behalf in negotiations or legal proceedings.
In Etobicoke, hiring and firing are primarily governed by Ontario’s Employment Standards Act, 2000 (ESA). This law covers most employment relationships in the province. Key points include:
You are likely entitled to advance notice or compensation in lieu of notice, except in rare cases of just cause for dismissal. The amount depends on your length of employment and your contract. Some employees may also be eligible for severance pay.
In Ontario, employers can generally terminate employees "without cause" as long as they provide the proper notice or termination pay required by law. However, they cannot fire you for discriminatory reasons or in violation of your contract or statutory rights.
Just cause refers to serious wrongdoing by an employee, such as theft, dishonesty, or gross misconduct, that justifies immediate dismissal without notice or pay in lieu. The standard for just cause is high and must be proven by the employer.
Minimum notice and/or pay in lieu is set by the ESA and ranges from 1 to 8 weeks, depending on your length of service. Your employment contract or "common law" may entitle you to more. Legal advice can help determine your true entitlement.
In Ontario, severance pay may be required if you have worked for your employer for 5 years or more and your employer’s payroll exceeds $2.5 million, or if a large number of employees are let go. It is separate from notice and may be substantial.
Once an employment offer has been accepted, it is generally considered binding. Withdrawing an offer may expose an employer to liability, especially if the individual has incurred losses or left another position as a result.
The law prohibits termination for reasons related to protected leaves such as maternity, parental, or sick leave. Employers cannot discriminate or retaliate against employees for taking or requesting such leaves.
Gather all employment documents (contracts, performance reviews, termination letter), note relevant details, and consult an employment lawyer. They can assess whether your dismissal was legal and help you seek appropriate compensation or remedies.
Yes, but written contracts are easier to prove and enforce. If there is no written agreement, your rights are still protected by law, but disputes may arise about the agreed terms.
Yes. Many termination offers start with minimum legal entitlements, but you may have the right to more under your contract or "common law." A lawyer can advise you and negotiate on your behalf for improved terms.
For further guidance, you may find these resources useful:
If you need legal assistance related to hiring or firing in Etobicoke:
Receiving timely, professional legal advice is crucial for protecting your interests, whether you are an employer or an employee. Take proactive steps to understand your rights and resolve disputes with confidence.
