Being an employer does not mean having unlimited control over the workplace.
Ontario employment laws prohibit certain conduct and require employers to meet specific obligations. When employers violate these rules, employees may have legal remedies available to them.
The following are 10 examples of conduct that may be illegal in the workplace and could give rise to legal claims in some cases.
Discriminate Against You Based on Protected Grounds
Employers cannot make employment decisions based on protected grounds under the Ontario Human Rights Code (“Code”). Protected grounds include race, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, disability, family status, and several other characteristics.
Discrimination can occur during hiring, promotions, discipline, scheduling, compensation decisions, or termination.
If you believe workplace discrimination has affected your employment, you may have legal options available under Ontario human rights legislation. Learn more about what can be done in situations involving workplace discrimination.
Ontario human rights law generally prohibits discrimination based on citizenship in employment-related decisions.
Employees facing discrimination and racism in the workplace should take concerns seriously and seek advice regarding their rights.
Retaliate Against You for Exercising Workplace Rights
Employees have the right to raise concerns about workplace issues without fear of adverse consequences.
For example, an employer generally cannot retaliate against an employee for asserting rights under the Employment Standards Act (“ESA”), reporting workplace concerns, requesting accommodations, or participating in legal proceedings related to employment matters.
Retaliation can take many forms, including discipline, demotions, reduced hours, negative treatment, or termination.
While every situation turns on its own facts, employers cannot lawfully punish employees for exercising workplace rights that are protected by law.
Refuse to Pay Wages You Have Earned
If your employer owes you wages, you have the right to be paid for work you have already performed.
Depending on the circumstances, this may include regular wages, overtime pay, vacation pay, commissions, or other compensation owed under an employment agreement or applicable legislation.
Employers cannot withhold wages simply because they are unhappy with an employee’s performance or because the employment relationship has ended.
Disputes sometimes arise regarding the amount owed, but employers must still comply with their legal obligations regarding compensation.
Punish You for Taking a Protected Leave
Ontario employees may be entitled to various protected leaves under the Employment Standards Act.
Examples include pregnancy leave, parental leave, family caregiver leave, critical illness leave, and other statutory leaves.
Employers generally cannot discipline, terminate, or otherwise penalize employees for taking a leave to which they are legally entitled.
These leaves are intended to protect employees when major personal or family circumstances require time away from work. While each leave has its own eligibility requirements, employers generally cannot discipline employees for taking a leave they are legally entitled to take.
Discriminate Against You Because of a Disability
Disability-related discrimination is one of the most common workplace issues in Ontario.
In many situations, employers have a duty to accommodate employees with disabilities to the point of undue hardship. Undue hardship is a high legal threshold and may involve significant health, safety, or cost concerns.
An employer cannot automatically terminate an employee simply because they have a disability or require accommodation.
Employees on short-term disability leave may still have legal protections under Ontario law.
Harass You in the Workplace
Workplace harassment can seriously affect an employee’s ability to work safely and effectively.
Harassment may involve repeated comments, conduct, or behaviour that a reasonable person would find unwelcome. In some cases, harassment may overlap with discrimination where the conduct relates to a protected ground under human rights legislation.
Ontario employers also have obligations under the Occupational Health and Safety Act (“OHSA”) to address workplace harassment and investigate complaints appropriately.
Ignoring serious complaints or permitting ongoing harassment may expose employers to legal consequences.
Misclassify You to Avoid Employment Obligations
Some employers attempt to classify workers as independent contractors when the actual working relationship resembles employment.
The distinction matters because legal rights and entitlements can depend on whether a worker is truly an employee or an independent contractor.
Simply calling someone a contractor does not determine their legal status. Courts and tribunals examine factors such as control, ownership of tools, financial risk, and the overall nature of the relationship.
Misclassification can affect entitlement to termination pay, vacation pay, statutory protections, and other employment-related rights.
Claim Just Cause Without Proper Grounds
Employers sometimes assert that an employee was terminated for cause.
A finding of just cause can have significant consequences because it may affect an employee’s entitlement to notice of termination or compensation in lieu of notice.
Ontario courts have consistently treated just cause as a high legal standard that is reserved for serious misconduct. Poor performance, isolated mistakes, or minor misconduct do not automatically justify a dismissal for cause.
If your employer says you were terminated for cause, it may be worthwhile to assess whether that position can actually be supported under Ontario law.
Withhold Required Termination Entitlements
Employers who terminate employees without cause may be required to provide notice of termination, termination pay, severance pay, common law reasonable notice, or other compensation.
The amount owed can vary significantly based on the employee’s circumstances, employment contract, and applicable law.
When an employer fails to provide required compensation, the employee may have grounds to pursue a claim.
Many employees assume the amount offered by their employer is final. In reality, statutory minimum entitlements under the ESA and potential common law entitlements can be very different. Whether additional compensation may be available depends on factors such as the employee’s age, position, length of service, and the specific terms of their employment agreement.
Employees who believe they have been dismissed without receiving appropriate compensation may wish to understand their rights in situations involving wrongful dismissal.
Violate Minimum Employment Standards
Ontario employers must comply with the minimum standards set out in the Employment Standards Act.
These standards govern issues such as hours of work, overtime pay, vacation entitlements, public holidays, leaves of absence, termination pay, and other workplace rights.
Employers cannot contract out of these minimum standards or require employees to waive statutory protections that the law provides.
Not every workplace dispute involves illegal conduct, and every situation depends on its own facts. If you believe your employer has engaged in any of the conduct discussed above, speaking with an employment lawyer can help you understand your rights and assess what legal options may be available.
Legal Disclaimer: This post is general information only. Nothing in it constitutes legal advice, and nothing here applies to your specific situation. Every case turns on its own facts, and the only way we can advise you on yours is through a proper consultation and engagement. Reading this post does not create a lawyer-client relationship with Sultan Lawyers. If you have questions about your situation, contact us directly.
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