FAQs

Termination of Employment

• Can future employers see if I was fired?
• Can I be fired if I’m late for work due to weather?
• Can I be fired without a warning in Ontario?
• Can I receive Employment Insurance (EI) if I am fired?
• Is my employer required to provide me with a reference letter?
• What makes a termination clause unenforceable?
• What steps to take if asked to sign a release post-employment termination?

Constructive Dismissal

• Can I claim constructive dismissal even after I resign?
• Do I have a constructive dismissal case?
• What can you receive if you are constructively dismissed?
• What is constructive dismissal in Canada?
• What is the average payout for constructive dismissal?

Just Cause for Termination

• Can an employer dismiss an employee for violating a workplace policy?
• Can my boss fire me if I called in sick and lied about it?
• If fired without cause, what are an employee’s legal rights?
• Is it hard to fight back if my employer fires me for cause?
• Am I entitled to severance pay if terminated for “Just Cause”?
• What is “Just Cause” termination?

Wrongful Dismissal

• Am I entitled to additional damages if my employer acted in bad faith when I was terminated?
• Can an Employee Sue for Wrongful Dismissal Instead of Labor Ministry Claim?
• I’ve been fired. Does my employer have to tell me why I was terminated?
• Differences: wrongful, constructive, unjust dismissal.
• What is wrongful dismissal in Ontario?

Notice of Termination/Severance Packages

• What is the difference between severance pay and termination pay?
• How does mass termination of employment affect notice?
• Minimum notice periods for termination without cause in Ontario?
• What if I am not happy with the termination package offered to me by employer?
• What is ‘reasonable notice’?
• What is severance pay, and who is entitled to it?
• When is an employee not entitled to notice or compensation in Lieu?

Overtime

• After How Many Worked Hours Does Overtime Start?
• Am I Entitled To Overtime Pay In Ontario?
• Are Managers Entitled To Overtime Pay?
• Can My Employer Make Me Work Overtime?
• I Need To Work Overtime, But My Employer Won’t Let Me
• Is Overtime Calculated Daily?
• Is Overtime Pay In Ontario Always 1.5 The Employees’ Rate Of Pay?
• What is Overtime Pay?

Public Holidays and Vacation Entitlements

• Can I borrow vacation days from next year if I’ve used all of mine?
• Can I refuse to work over the holidays?
• Do employers have to provide time off for Religious Leave?
• Do I get paid overtime if I work around the Christmas holidays?
• Do I have to attend a work Holiday party?
• Do part-time employees get paid for statutory holidays?
• How does vacation time accumulation work for employees, and what are the rules regarding vacation pay?
• I don’t celebrate Christmas; can I work to earn overtime?
• Is it fair to negotiate additional vacation time with your employer?
• I’ve used my vacation days, can I take unpaid leave?
• What happens if Christmas and Boxing Day falls on a weekend?

Pregnancy and Parental Leave

• Do employees continue to accrue vacation time during parental leave?
• Can Employer Alter Job Duties after Pregnancy/Parental Leave Return?
• Is my employer allowed to fire me while I am on maternity leave?
• Can my employment be terminated while on parental leave?
• Can you qualify for a top-up during your maternity or parental leave?
• What benefits are available during maternity or parental leave in Ontario?
• How Much Time Off Does Your Employer Have to Give for Parental Leave?
• Is my employer required to pay me while on maternity leave?
• What happens if you get pregnant while on maternity leave in Ontario?
• What are my employment rights while on parental or maternity leave?
• Reasonable job accommodations to request from employer during Pregnancy
• What are your rights if the baby is born before the due date?
• What is parental leave in Ontario?
• What is the difference between parental leave and pregnancy leave?
• What is the earliest that pregnancy leave can begin?
• What is the maximum duration of a pregnancy leave?
• What obligations do I have if I resign during parental leave?
• When should you inform your employer of your pregnancy?
• Who is considered a parent?

Employment Contracts

• Can you reject an employment offer before signing a contract?
• Is a Conflict-of-Interest working for two employers a Cause for Dismissal?
• Is there a legal obligation to disclose a second position?
• Should my employment contract be written?
• Should you accept a job offer if you’re not sure?
• Should you talk to your boss before resigning?
• What happens if you get a better offer after accepting a job offer?
• What is an employment contract?
• What is Moonlighting?
• What makes an employment contract valid and enforceable?
• What questions should you ask before signing an offer of employment?
• What should be included in an employment contract?

Employment Standards Entitlements

• Are employers legally obligated to pay interns?
• Can Employees Waive Entitlements Under the Employment Standards Act?
• Can Employees Get More Than Employment Standards Act Entitlements?
• Can Employers Offer Rights Beyond Employment Standards?
• Does the ESA, 2000 (“ESA”) impose mandatory breaks from work?
• How many sick days am I entitled to in Ontario?
• I am a salaried employee. Am I entitled to overtime?
• Creating a safe workplace in the era of COVID-19: Tips and Guidelines
• My employment was recently terminated. What am I entitled to?
• How much vacation time am I entitled to under ESA, 2000 (“ESA”)?
• Difference between “notice” and “severance” under the ESA, 2000
• What is the “Three-Hour Rule”?
• What leaves are allowed under the Employment Standards Act, 2000 (ESA)?
• Who is covered by the Employment Standards Act, 2000 (“ESA”)?

Workplace Harassment

• What are your employer’s obligations in terms of workplace harassment?
• What can I do if I’ve been harassed at work?
• What is a hostile/poisoned work environment?
• What is reprisal?
• What is “workplace harassment”?

Leaves of Absence

• Does my employer have to pay me while I am on sick leave?
• Can my employer force me to return to work against the advice of my doctor?
• What information can my employer request from me while I am on sick leave?

Human Rights in the Workplace

• Can a potential employer ask me if I have a criminal record?
• Can I be fired for taking too many sick days?
• Can my employer fire me for being pregnant?
• What can a potential employer ask me in an interview?
• What can I do if I am being discriminated against at work?
• What can I do if I am facing discrimination at work?
• What forms of discrimination fall under human rights?
• What is the best way to manage an employee’s disability?
• When can an employer ask for a police record check?

Working in Canada

• Can I change employers under my current work permit?
• Can I Stay in Canada with a Terminated Employer-Specific Work Permit?
• Do Foreign Workers Repay Employers for Relocation Costs, Including Work Permit Fees?
• I didn’t apply to extend my work permit before it expired. What can I do now?
• I have been fired on a closed work permit, what options are available to continue working?
• My company name change: Do I need a new work permit?
• What is the Ontario Immigration Nominee Program?
• Effects on foreign workers in a merger or acquisition of their employer

Protections for Foreign Workers

• Are foreign workers working in Ontario entitled to protections under the Employment Standards Act, 2000?
• Are temporary foreign workers entitled to Employment Insurance (EI) Benefits?
• Can Employers Request Foreign Workers to Forfeit Rights?
• Do foreign workers have protections against discrimination?
• What is the Employment Protection for Foreign Nationals Act, 2009?

Implied Status

• I am currently under implied status. Am I allowed to exit and re-enter Canada?
• Implications for implied status if work permit extension is denied?
• What is “implied status”?
• As a foreign worker on implied status, does the expiration of my Social Insurance Number (“SIN”) mean I can no longer legally work in Canada?

Termination of a Foreign Worker

• Can I Get Termination Pay?
• How Can I get A New Work Permit?
• How Do I Know If I Have Been Wrongfully Dismissed?
• As a terminated foreign worker; do I have to leave Canada immediately?
• Am I required to report the termination of a temporary foreign worker?
• What If I Want To Challenge The Termination Of My Employment?
• What is a foreign worker’s entitlement if their employment is terminated?

Work Permit Basics

• Can I apply for a work permit at the port of entry?
• Do I need a job offer to work in Canada?
• Do I require an eTA or Temporary Resident Visa to work in Canada?
• How long may a work permit be issued for?
• Am I required to complete a medical exam to obtain a work permit in Canada?
• What is a Labour Market Impact Assessment and why do I need to obtain one to hire a temporary foreign worker?
• What is a study permit?
• How vulnerable work permit different from other work permits?
• What is considered “low-skilled” work in Canada?
• What is considered “skilled work” in Canada?
• What types of activities are considered “work”?
• What types of work permits are issued in Canada?

Considering Working in Canada

• Am I admissible to Canada if I have been charged or convicted of a crime?
• Are all temporary foreign workers eligible for an open work permit?
• Can I apply for a work permit at the port of entry?
• Can I work in Canada with a Visitor Visa?
• Can Employer Terminate Due to Ontario’s Non-Essential Business Closure?
• Does a Canadian job offer automatically grant work permit eligibility?
• Does my relationship qualify for family sponsorship and PR

Fairness in Workplace Investigations

• How do I ensure fairness in a workplace investigation?

Health and Safety

• Can an Employee Refuse Work Due to COVID-19 Concerns?
• Can Employers Close Business for COVID-19 Safety?
• Can I be dismissed for refusing to receive a COVID-19 vaccination?
• Can Employers Mandate COVID-19 Vaccinations?
• Can my employer force me to undergo a specific medical procedure or test (i.e. a temperature check upon arrival at work)?
• I contracted the COVID-19 virus at work. Can I sue my employer?
• How Is a Layoff Classified to Support My Eligibility for EI Benefits?
• What are helpful tips for maintaining a safe workplace during COVID-19?
• Precautions for employers before enforcing a mandatory vaccine policy
• “How to handle an employee working during instructed self-isolation?
• What should I do if I test positive for COVID-19?

Employment Standards Act

• If my employer tells me to stay home, do they have to pay me?
• Can Employer Mandate Vacation Days for COVID-19 Absences?

Layoffs and Termination

• Dismissed for not getting vaccinated: Entitled to notice or severance pay?
• Can Employers Avoid COVID-19-Related Layoffs?
• Can an employee request vacation during the temporary layoff period?
• Can Employers Evade COVID-19 Obligations Due to Unforeseen Circumstances?
• Can I be dismissed for refusing to receive a COVID-19 vaccination?
• Can my employer lay me off to avoid termination pay?
• Can Employer Terminate Due to Ontario’s Non-Essential Business Closure?
• How long is the COVID-19 period?
• I have been re-called to work. Can I refuse to return?
• If I accept a COVID-19 temporary layoff, can my employer lay me off again later?
• Should I pursue legal action if my employment was terminated during COVID-19?
• After 13 weeks of temporary layoff with no recall, is my employment terminated?
• Layoff classification on Record of Employment for EI eligibility
• Terminated during COVID-19. Must I keep job hunting for a full termination package?
• I was laid off without prior notice, and my contract doesn’t mention layoffs. What are my options?
• Temporary layoff vs. termination: What is the difference?
• Temporarily laid off. Do I get paid for unused vacation?

Ongoing Compensation Matters

• Can Employer Provide Supplement to COVID-19 EI Benefits?
• Options for financial aid if I don’t qualify for regular EI?
• What are Parental Entitlements Under Employment Insurance?

Workplace Immigration

• HOW LONG WILL IT TAKE TO GET THE NEW WORK PERMIT?
• I am a temporary foreign worker who has been fired amidst the COVID-19 pandemic. I received a new offer of employment from a Canadian employer. How can I change employers and begin working as soon as possible?
• Do Temporary Foreign Workers Need to Self-Isolate Upon Arrival in Canada?