When filing an ESA claim with the Ministry of Labour, there are important time limits to consider. Generally, claims must be filed within two years of the alleged violation, known as the limitation period. Claims filed within the two-year limit will be investigated by an employment standards officer.
In Ontario, under the Limitations Act 2002, there is a two-year deadline for filing civil actions with the Ontario Superior Court of Justice – this is known as the limitation period. This means that employees terminated from their employment must file a civil claim within two years of their termination.
The Human Rights Code sets out a one-year deadline for filing applications with the Human Rights Tribunal of Ontario (“HRTO”) – this is known as the limitation period. This means that employees facing discrimination or harassment must file their human rights claim with the HRTO within one year of when the alleged discrimination or harassment happened.
Glick Feinberg Stone’s employment law firm offers a selection of trusted legal services for employers and employees.
Employers
- Preparing and Updating Employment Contracts
- Advising about Terminations and Preparing Severance Packages
- Responding to Human Rights Claims and Accommodation Requests
- Defending Wrongful Dismissal Actions at all Levels of Court
- Conducting Confidential Workplace Investigations
Employees
- Reviewing Employee Contracts
- Advising about Non-Competition and Non-Solicitation Agreements
- Representing Employees at all Levels of Court
- Reviewing and Negotiating Severance Packages
- Advocating for Employees regarding Wrongful Dismissal and Human Rights Claims
Glick Feinberg Stone is a boutique employment law firm in Toronto specializing in workplace laws and regulations.
As advocates with over 40 cumulative years of litigation experience, we understand the complexities of the justice system. We will help you manage difficult issues arising from employment contracts, wrongful dismissals, human rights matters, and workplace disputes. Our employment lawyers work closely with clients to manage claims, advocate at all levels of Ontario courts, and navigate appeals.
Glick Feinberg Stone lawyers are also well suited to assist regulated professionals with their workplace issues, as they draw from their experience in both professional regulation and employment law.
Our goal is to protect your reputation and employment rights and resolve claims swiftly and professionally. Submit a confidential inquiry today to learn how our employment law firm can help.
Trust the employment law lawyers at Glick Feinberg Stone to advocate on your behalf.
We represent employers and employees on a variety of matters, including wrongful dismissals, breaches of restrictive covenants, and human rights issues.
New and interested clients can submit a discrete and confidential inquiry to our team. Contact Glick Feinberg Stone today to learn how our Toronto employment lawyers can help.
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"@type": "Question",
"name": "What is an employment lawyer?",
"acceptedAnswer": {
"@type": "Answer",
"text": "An employment lawyer interprets, advises, and litigates legal issues concerning the workplace. Employment lawyers in Toronto can work with both employees and employers to review contracts and severance packages, draft various employment policies, prepare civil and human rights claims, and represent clients before tribunals and at all levels of court."
}
},{
"@type": "Question",
"name": "When might I need a Toronto employment lawyer?",
"acceptedAnswer": {
"@type": "Answer",
"text": "An employment lawyer in Toronto can assist both employees and employers in investigations, hearings, trials, and appeals.
If you’re an employee, you may require counsel from an employment law firm if you’re facing:
● Wrongful Termination
● Constructive Dismissal
● Discrimination or Harassment
● Refused Accommodation Requests
● Wage-Related Issues
● Disability-Related Issues
● Workplace Safety Disputes
If you’re an employer in Toronto, an employment lawyer can assist you in responding to claims of:
● Discrimination or Harassment
● Failure to Accommodate
● Workplace Safety Issues
● Wrongful Dismissal
● Wage or Compensation Disputes
Working with seasoned legal counsel allows you to understand the scope of your workplace issue, and how to appropriately navigate specific courts and tribunals to resolve claims efficiently and professionally."
}
},{
"@type": "Question",
"name": "How can an employment lawyer help employees?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Employees have numerous rights in the workplace, including the right to a safe workplace, the right to be free from discrimination and harassment, and the right not to be fired without appropriate notice. Employment lawyers can help their clients understand their rights and determine if they have grounds to bring a claim against their employer. At Glick Feinberg Stone, our employment lawyers also specialize in regulatory law and are particularly well-suited to assist regulated professionals, such as healthcare workers (doctors, dentists, nurses, massage therapists, psychotherapists, dietitians, and dental hygienists) as well as accountants and those working in the financial services."
}
},{
"@type": "Question",
"name": "How can an employment lawyer help employers?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Employers often try to do the right thing but may not have the time or resources to do this without legal assistance. From drafting contracts and employment policies to responding to human rights and wrongful dismissal claims and providing sound legal advice, employment lawyers can support non-unionized workplaces to ensure compliance with relevant laws."
}
},{
"@type": "Question",
"name": "What is the Ministry of Labour, Immigration, Training and Skills Development?",
"acceptedAnswer": {
"@type": "Answer",
"text": "The Ministry of Labour, Immigration, Training and Skills Development (“Ministry of Labour”) is responsible for labour and employment issues in Ontario. Their responsibilities include advancing fair and safe labour practices and supporting the well-being of workers by helping prevent workplace injuries, advocating for safe workplaces, and administering labour and employment legislation."
}
},{
"@type": "Question",
"name": "How should an employer respond to a Ministry of Labour complaint?",
"acceptedAnswer": {
"@type": "Answer",
"text": "As an employer, you may be faced with a claim filed by an employee to the Ministry of Labour. Employment lawyers in Toronto will ensure these complaints are responded to quickly and effectively. Responding to a ministry complaint involves reading the claim in full and crafting a strong response — this includes filling requests for information and providing the necessary documents for your case. Your legal counsel will advise if further steps must be taken or if an appeal process is required."
}
},{
"@type": "Question",
"name": "What is the ESA?",
"acceptedAnswer": {
"@type": "Answer",
"text": "The Employment Standards Act, or the “ESA,” is the legislation that sets out the minimum standards for workplaces in Ontario. The ESA covers most employees in Ontario. The ESA does not cover federally regulated workplaces or certain excluded professions. The ESA sets out minimum workplace standards and conditions, including rules about vacation pay, public holidays, overtime pay, breaks, non-compete agreements, medical and parental leave, termination pay, severance pay, electronic monitoring and more. The ESA prohibits reprisals; it prevents employers from penalizing their employees in any way because they exercised their rights under the ESA. Employers who engage in reprisals may be required to pay compensation to the employee or may face prosecution by the Ministry of Labour. It is important to remember that the ESA only sets the minimum standards in the workplace. Often, employees are entitled to more protections than the ESA offers, pursuant to their employment contracts, the common law, or their collective agreements."
}
},{
"@type": "Question",
"name": "How much severance pay is an employee entitled to upon termination?",
"acceptedAnswer": {
"@type": "Answer",
"text": "If an employee is terminated without cause, they are entitled to notice or pay in lieu of notice. Some employees are only entitled to the minimum amount of notice and severance set in the ESA. Others may be entitled to more than the ESA minimum entitlements pursuant to the terms of their contract or pursuant to common law (the rules made by courts). To determine the appropriate severance package in your case, Glick Feinberg Stone lawyers will meet with you in a consultation to review your employment contract and details of your employment."
}
},{
"@type": "Question",
"name": "What is the time limit for filing an ESA claim?",
"acceptedAnswer": {
"@type": "Answer",
"text": "When filing an ESA claim with the Ministry of Labour, there are important time limits to consider. Generally, claims must be filed within two years of the alleged violation, known as the limitation period. Claims filed within the two-year limit will be investigated by an employment standards officer."
}
},{
"@type": "Question",
"name": "What is the time limit for filing a civil claim for wrongful dismissal in the Ontario Superior Court of Justice?",
"acceptedAnswer": {
"@type": "Answer",
"text": "In Ontario, under the Limitations Act 2002, there is a two-year deadline for filing civil actions – this is known as the limitation period. This means that employees terminated from their employment must file a civil claim within two years of their termination."
}
},{
"@type": "Question",
"name": "What is the time limit for filing an application under the Human Rights Code to the Human Rights Tribunal of Ontario?",
"acceptedAnswer": {
"@type": "Answer",
"text": "The Human Rights Code sets out a one-year deadline for filing applications with the Human Rights Tribunal of Ontario (“HRTO”) - this is known as the limitation period. This means that employees facing discrimination or harassment must file their human rights claim with the HRTO within one year of when the alleged discrimination or harassment happened."
}
},{
"@type": "Question",
"name": "What legal services do employment lawyers from Glick Feinberg Stone offer?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Glick Feinberg Stone’s employment law firm offers a selection of trusted legal services for employers and employees.
Employers
● Preparing and Updating Employment Contracts
● Advising about Terminations and Preparing Severance Packages
● Responding to Human Rights Claims and Accommodation Requests
● Defending Wrongful Dismissal Actions at all Levels of Court
● Conducting Confidential Workplace Investigations
Employees
● Reviewing Employee Contracts
● Advising about Non-Competition and Non-Solicitation Agreements
● Representing Employees at all Levels of Court
● Reviewing and Negotiating Severance Packages
● Advocating for Employees regarding Wrongful Dismissal and Human Rights Claims"
}
},{
"@type": "Question",
"name": "What sets Glick Law apart from other employment law firms in Toronto?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Glick Feinberg Stone is a boutique employment law firm in Toronto specializing in workplace laws and regulations. As advocates with over 40 cumulative years of litigation experience, we understand the complexities of the justice system. We will help you manage difficult issues arising from employment contracts, wrongful dismissals, human rights matters, and workplace disputes. Our employment lawyers work closely with clients to manage claims, advocate at all levels of Ontario courts, and navigate appeals. Glick Feinberg Stone lawyers are also well suited to assist regulated professionals with their workplace issues, as they draw from their experience in both professional regulation and employment law. Our goal is to protect your reputation and employment rights and resolve claims swiftly and professionally. Submit a confidential inquiry today to learn how our employment law firm can help."
}
},{
"@type": "Question",
"name": "Where can I find employment law lawyers in Toronto?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Trust the employment law lawyers at Glick Feinberg Stone to advocate on your behalf. We represent employers and employees on a variety of matters, including wrongful dismissals, breaches of restrictive covenants, and human rights issues. New and interested clients can submit a discrete and confidential inquiry to our team. Contact Glick Feinberg Stone today to learn how our Toronto employment lawyers can help."
}
}]
}
