Health and Safety

• Can an employee refuse to come into work over a fear of being exposed to or contracting COVID-19?
• Can employers close their business due to safety concerns related to COVID-19?
• Can I be dismissed for refusing to receive a COVID-19 vaccination?
• Can my employer implement a mandatory vaccination policy in response to COVID-19?
• 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?
• My employee has tested positive for COVID-19. As an employer, am I required to notify any government authorities?
• What are helpful tips for maintaining a safe workplace during COVID-19?
• What should employers consider before implementing a mandatory vaccine policy?
• What should I do if an employee comes to work when they have been instructed to self-isolate?
• What should I do if I test positive for COVID-19?

Employment Standards Act

• Can my employer require me to use vacation days to cover any absences from work as a reaction to COVID-19?
• If my employer tells me to stay home, do they have to pay me?

Layoffs and Termination

• Are employees entitled to reasonable notice or severance pay if they are dismissed for not being vaccinated against COVID-19?
• As an employer, is it possible to avoid laying off my employees due to the negative impacts on my business in relation to COVID-19?
• Can an employee request vacation during the temporary layoff period?
• Can an employer use the fact that COVID-19 was unexpected to avoid obligations to employees?
• Can I be dismissed for refusing to receive a COVID-19 vaccination?
• Can my employer lay me off to avoid termination pay?
• Can my employer terminate my employment if the company closes because of Ontario’s order to close all non-essential businesses?
• How long is the COVID-19 period?
• I have been re-called to work. Can I refuse to return?
• I have been temporarily laid off. Am I entitled to receive payment for my accrued but unused vacation?
• I have been temporarily laid off, but I was never told that I could be laid off and my contract makes no mention of layoff. What can I do?
• If I agree to a temporary layoff during the COVID-19 pandemic, does that mean my employer can lay me off in the future?
• If my employer terminated my employment during COVID-19, should I consider taking legal action?
• It has been 13 weeks since my temporary layoff and I have not been recalled. Has my employment been terminated?
• I’ve been laid off. How will this be classified on my Record of Employment to ensure I am entitled to EI?
• My employment has been terminated in the middle of the COVID-19 pandemic. Do I still need to keep looking for work to be entitled to a full termination package?
• Temporary layoff vs. termination: What is the difference?

Ongoing Compensation Matters

• Can my employer provide me with a supplement to my Employment Insurance (“EI”) benefits during the COVID-19 pandemic?
• Is there any financial assistance available if I am not eligible for regular employment insurance (“EI”)?

Workplace Immigration

• Are temporary foreign workers required to self-isolate immediately upon landing in Canada, or are they permitted to travel to their final destination in Canada before self-isolating?
• 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?

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

• Am I entitled to severance pay if terminated for “Just Cause”?
• 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?
• Is it hard to fight back if my employer fires me for cause?
• What is “Just Cause” termination?

Employment Standards Entitlements

• Are employers legally obligated to pay interns?
• Can an employee contract out of their entitlements pursuant to the Employment Standards Act?
• Can employees receive more than what they are entitled to pursuant to the Employment Standards Act?
• Can employers provide greater rights than what is prescribed by employment standards?
• Does the Employment Standards Act, 2000 (“ESA”) impose mandatory breaks from work?
• How many sick days am I entitled to in Ontario?
• How much vacation time am I entitled to under the Employment Standards Act, 2000 (“ESA”)?
• I am a salaried employee. Am I entitled to overtime?
• Is my employer required to provide me with a reference letter?
• My employer has breached my rights under the Employment Standards Act, 2000 (“ESA”). What remedies are available to me?
• My employment was recently terminated. What am I entitled to?
• What is the difference between “notice” and “severance” under the Employment Standards Act, 2000 (“ESA”)?
• What is the “Three-Hour Rule”?
• What types of leaves are permitted under the Employment Standards Act, 2000 (“ESA”)?
• Who is covered by the Employment Standards Act, 2000 (“ESA”)?

Wrongful Dismissal

• Am I entitled to additional damages if my employer acted in bad faith when I was terminated?
• Can an employee take their employer to court for wrongful dismissal instead of filing a claim with the Ministry of Labour?
• I’ve been fired. Does my employer have to tell me why I was terminated?
• What is the difference between “wrongful dismissal”, “constructive dismissal”, and “unjust dismissal”?
• What is wrongful dismissal in Ontario?

Notice of Termination/Severance Packages

• How does mass termination of employment affect notice?
• Is my employer required to provide me with a reference letter?
• What are the minimum notice periods for termination without cause in Ontario?
• What if I am not happy with the termination package being offered to me by my employer?
• What is ‘reasonable notice’?
• What is severance pay, and who is entitled to it?
• What is the difference between severance pay and termination pay?
• What should I do if my employer asks me to sign a release after terminating my employment?
• When is an employee not entitled to notice or compensation in lieu of notice?

Workplace Harassment

• What are your employer’s obligations in terms of workplace harassment?
• What do 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

• Can my employer force me to return to work against the advice of my doctor?
• Does my employer have to pay me while I am on sick leave?
• 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?
• What can a potential employer ask me in an interview?
• What can I do if I am being discriminated against at work?
• What is the best way to manage an employee’s disability?
• When can an employer ask for a police record check?

Pregnancy and Parental Leave

• Can my employment be terminated while on parental leave?
• Can you qualify for a top-up during your maternity or parental leave?
• Can your employer change your job duties upon return to the workplace from pregnancy and/or parental leave?
• Do employees accrue vacation over parental leave?
• How much time off does your employer have to give for parental leave?
• Is my employer allowed to fire me while I am on maternity leave?
• Is my employer required to pay me while on maternity leave?
• What are my employment rights while on parental or maternity leave?
• What are reasonable accommodations that can be requested from an employer during pregnancy?
• What are your rights if the baby is born before the due date?
• What happens if you get pregnant while on maternity leave in Ontario?
• 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?
• What type of compensation are you eligible for while on maternity or parental leave in Ontario?
• When should you inform your employer of your pregnancy?
• Who is considered a parent?

Employment Contracts

• What should be included in an employment contract?

Working in Canada

• Can I change employers under my current work permit?
• Can I stay in Canada if I have an employer-specific work permit, but I have been terminated?
• Do foreign workers have to pay their employer back for relocation related costs, such as fees associated with obtaining a work permit?
• I did not apply to extend my work permit prior to the expiry date. What are my options?
• I have been fired on a closed work permit, what options are available to continue working?
• My employer is changing the name of the company. Do I have to apply for a new work permit?
• What happens to foreign workers when their employer merges with another company or is acquired?
• What is the Ontario Immigration Nominee Program?

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 an employer ask a foreign worker to forfeit and/or contract out of his/her rights?
• Do foreign workers have protections against discrimination?
• What is the Employment Protection for Foreign Nationals Act, 2009?

Implied Status

• I am a foreign worker on implied status. My Social Insurance Number (“SIN”) has expired and my employer is insisting that I can no longer legally work in Canada. Is this true?
• I am currently under implied status. Am I allowed to exit and re-enter Canada?
• What happens to my implied status if my application to extend my work permit is refused?
• What is “implied status”?

Termination of a Foreign Worker

• Am I required to report the termination of a temporary foreign worker?
• I am a foreign worker who has been fired. Do I need to leave Canada immediately?
• What is a foreign worker’s entitlement if their employment is terminated?

Work Permit Basics

• Am I required to complete a medical exam to obtain a work permit in Canada?
• 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 (visitor visa) to work in Canada?
• How long may a work permit be issued for?
• 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?
• What is a vulnerable work permit, and how is it 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 the spouse/common-law partner and/or children of a temporary foreign worker accompany the worker to Canada?
• I have a job offer from a Canadian employer. Am I automatically eligible for a work permit?
• Will my relationship meet the qualifications for a conjugal relationship in order to proceed with family sponsorship for permanent residency

Fairness in Workplace Investigations

• How do I ensure fairness in a workplace investigation?