Employment Law
At GFW, our Employment Law lawyers provide comprehensive legal advice and representation to both employers and employees in non-unionized work environments. Whether you are an employer seeking to establish clear and enforceable employment contracts or an employee navigating workplace challenges, we are here to help. Employment Law is a complex and evolving field that encompasses statutory rights and obligations under the Employment Standards Act (ESA) and the Human Rights Code, as well as common law rights and responsibilities. Our legal team offers practical solutions and strategic representation to ensure your rights and interests are protected throughout the employment relationship and beyond.
What Is Employment Law?
Employment Law governs the relationship between employers and employees, providing a legal framework that outlines rights, responsibilities, and obligations. It covers a wide range of workplace issues, from hiring and employment agreements to termination and workplace discrimination.
This area of law is shaped by both legislation and case law, meaning that employment contracts, workplace policies, and legal disputes must be handled with a thorough understanding of both statutory requirements and common law precedents.
Legal Services for Employers
Employers must comply with employment laws to maintain a fair, productive, and legally compliant workplace. At GFW, we assist employers with various aspects of Employment Law, including:
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Employment contracts set the foundation for the employer-employee relationship. We help employers draft clear, enforceable contracts that outline terms of employment, including compensation, benefits, termination clauses, and restrictive covenants such as non-compete and non-solicitation agreements.
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Well-defined workplace policies help employers create a fair and structured work environment. Our team provides guidance on:
Employee handbooks
Workplace harassment policies
Occupational health and safety compliance
Remote work policies
Privacy and data protection policies
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From performance management to workplace disputes, we help employers navigate difficult employee situations while minimizing legal risks.
Our services include:
Addressing workplace misconduct
Implementing performance improvement plans
Managing employee accommodations
Handling workplace harassment or discrimination complaints
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Terminating an employee requires careful planning to avoid wrongful dismissal claims. We advise employers on:
Constructive dismissal considerations
Severance package negotiations
Mass layoffs and restructuring
Compliance with ESA termination provisions
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In the event of employment-related disputes, we represent employers in negotiations, mediations, and litigation. Our lawyers handle:
Wrongful dismissal claims
Human rights complaints
Employment contract disputes
Workplace harassment and discrimination cases
Legal Services for Employees
Employees have legal rights that protect them from unfair treatment in the workplace. The GFW Employment Law team helps employees understand and enforce their rights under Employment Law.
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Before signing an employment contract, it is crucial to understand its terms and potential legal implications. We assist employees in:
Reviewing job offers and contracts
Negotiating terms and conditions
Identifying unfair or unenforceable clauses
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If you have been terminated without proper notice or severance, you may have grounds for a wrongful dismissal claim. Our lawyers assess:
Whether the termination was justified
Whether adequate notice or severance was provided
Legal remedies available to you
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Every employee has the right to a safe and respectful workplace. We represent employees in cases involving:
Workplace harassment (sexual, racial, or other forms of discrimination)
Employer retaliation for reporting misconduct
Violations of the Human Rights Code
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When leaving a job, employees should ensure they receive fair severance compensation. We help employees negotiate:
Severance pay entitlements
Extended benefits and pension considerations
Non-compete and confidentiality obligations
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Employees may not always receive the wages, overtime pay, or benefits they are legally entitled to under the Employment Standards Act. Our lawyers assist in:
Reviewing unpaid wage claims
Overtime pay disputes
Vacation and leave entitlements
Employment Standards Act and Human Rights Code Compliance
The Employment Standards Act (ESA), and Human Rights Code set minimum standards for workplaces in Ontario, protecting employees and ensuring fair treatment.
ESA: Covers minimum wage, hours of work, overtime pay, vacation entitlements, statutory holidays, termination, and severance pay and leaves of absence.
Human Rights Code: Protects employees from discrimination based on race, gender, disability, age, sexual orientation, and other protected grounds.
Our lawyers help employers remain compliant with these laws while assisting employees in enforcing their rights when violations occur.
Common Law Rights and Obligations in Employment Law
Beyond statutory protections, Canadian employment law is influenced by common law principles. These include:
Reasonable Notice of Termination: Employees dismissed without cause may be entitled to reasonable notice or pay in lieu of notice beyond ESA minimums.
Duty of Good Faith: Employers and employees must act in good faith and deal with each other fairly.
Constructive Dismissal: Employees who experience a fundamental change to their employment terms (e.g., a significant pay cut, demotion, or toxic work environment) may have a claim for constructive dismissal.
CONNECT WITH OUR
Employment Law Lawyers
Why Choose GFW’s Employment Law Team?
At GFW, we understand that Employment Law issues can be stressful and financially impactful for both employers and employees. Our team offers:
Expert Legal Advice: With extensive experience in Employment Law, we provide strategic guidance tailored to your specific needs.
Negotiation and Mediation: We aim to resolve disputes efficiently through negotiation and mediation, avoiding costly litigation whenever possible.
Strong Litigation Representation: When disputes escalate, we offer aggressive advocacy in court and tribunal proceedings.
Personalized Service: Every client’s situation is unique, and we take a personalized approach to achieving the best possible outcome.
Whether you are an employer looking to safeguard your business or an employee facing workplace challenges, our employment lawyers at GFW are ready to assist you. Contact us today to schedule a consultation and get the expert legal advice you need.
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Eric Gionet
PARTNER
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Carole Redmond
SENIOR ASSOCIATE
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Julia Tremblay
ASSOCIATE