Employee Rights

We look forward to a world where everyone has the right to a fairly paid job with healthy working conditions. Until we get there, Avant Law will defend your rights as an employee within the existing legal framework.

Avant Law PC offers practical, cost-effective advice about worker’s rights, compensation, dismissal, and harassment to employees and independent contractors from all professions and industries.

Avant Law PC offers advice and representation to employees and independent contractors from all walks of life.

Contact us if you:

• Have been fired, for any reason or no reason at all
• Have been disciplined
• Are experiencing discrimination in the workplace based on race, ethnicity, gender, gender identity or expression, disability, or other prohibited forms of discrimination according to the Human Rights Code of Ontario
• Have been harassed or sexually harassed
• Have discovered wrongdoing by your employer and want to blow the whistle
• Have lost or will lose your government security clearance
• Want to unionize
• Want to know your rights as an employee

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What We Do

Wrongful Dismissal

Your workplace is a source of financial stability, mental wellbeing, and social belonging. Losing your job is detrimental – especially when done suddenly or unfairly. Ontario law often requires employees to be compensated, and in some cases reinstated, when they have been wrongfully dismissed. We ensure those law protect you.

Other legislation protects against being fired because of your gender, sexual orientation, race, culture, disability status, and other grounds. If you have been fired for any of these reasons, you may have been wrongfully dismissed.

Avant Law, PC are your advocates for wrongful dismissal claims in Ottawa. If your employer does not adhere to dismissal standards like reasonable notice, severance and termination pay, you may have been wrongfully dismissed.

We assist employees in obtaining termination pay, severance, benefits and/or reinstatement. We work closely with you to outline your goals and ensure a fair resolution.

Constructive Dismissal

Sometimes it isn’t as clearcut as “you’re fired.” Terminating someone’s employment can take many different forms. If you’re no longer getting the number of hours you are used to, you’re given a pay cut with no change in your duties, or you’re asked to resign, you may have been constructively dismissed from your job.

Employees who have been constructively dismissed also have a right to reasonable notice or compensation. They often have the same entitlements to termination pay, severance, benefits, and/or reinstatement as someone who has been terminated.

Workplace Harassment

There is no place for harassment or violence at work. On the job, you have a right to be free of any harassment and violence, and there are robust tools for enforcing those rights.

Harassment: Includes unwelcome, agitating or demeaning remarks.

Violence: Any sort of direct or indirect violence in the workplace.

Sexual harassment: Includes unwanted physical contact, sexual jokes or demeaning language.

Are you being harassed at work? Let’s talk about it.

Severance Pay

Both wrongful dismissal and constructive dismissal entitle you to severance pay. Should your employer offer you a compensation package during your termination, it’s imperative that you have a legal professional review it. Once you accept a severance package, you may no longer be entitled to seek additional severance.

Your compensation package should be left open for negotiation until you’ve consulted a lawyer. Several factors may influence your compensation packages such as the reason for termination, time with the employer, inducement and more.

Avant Law PC will look over your compensation package: or, if you were not offered a compensation package, we will advocate to get one for you.

Workplace Discrimination

Your age, gender, culture, ethnicity, disabilities, and sexual orientation, among other factors, should generally not be taken into consideration when determining your pay grade, hours or job description. Should this be violated, you may be facing workplace discrimination from your employer.

We advocate for you and fight against prejudice in the workplace. We use legislation to enforce fair and equal treatment for a safe and positive environment. Our goal is to provide you with support in face of workplace discrimination.

It is your right to be treated fairly in your place of work. Let us help you demand more out of your career.

Employees Misrepresented as Contractors

Canadian and Ontario employment legislation offers different standards for a formal employee of a workplace as compared to a contractor.

If you are employed as a contractor but believe you are actually an employee, Avant Law, PC may be able to assist you.

Employment Standards

As an employee, you may be entitled to a number of government-mandated benefits, including:

• Maternity and/or paternity leave
• Vacation pay
• Safe work environment
• Equal pay
• Breaks
• Overtime pay
• Termination rights
• Vacation
• Payment
• Leave connected to family needs, death, or emergencies

Your rights as an employee in Ontario are guaranteed by provincial and federal legislation. But not every law applies to every worker. Some of the most important and relevant employment standards include the Ontario Employment Standards Act and the federal Canada Labour Code, but there are others.

Should your employer not adhere to these basic, legislated employment standards which are required in your industry, we may be able to assist you with a strategy to protect yourself.