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Navigating The Employment Law Waters

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Navigating The Employment Law Waters

What We Do

The MacLeod Law Firm has represented 1000s of employees in the private and public sector. We represent employees in all positions and in all industries.

We are knowledgeable. Our slogan is “All We Do is WORK.” This means we restrict our practice to workplace law.

We are compassionate. We understand that many of our clients are under a lot of stress when they call us. We want you to feel safe. We will treat you with respect and dignity.

We are responsive. We promptly return your calls and keep you up to date on your case.

We are easy to understand. We do not talk to you in legalese. We explain your legal rights and our recommendations in plain English.

What To Expect

When you contact us by phone you will have an opportunity to tell us about your legal issue. If you contact us by email then one of our staff will call you to discuss your case.
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You may be calling about a recent termination or to review a new employment contract. You may have been harassed or discriminated at work, or need accommodation that your employer is refusing.

During this call we will inform you of our fee for the initial consultation.

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Once we confirm that we can assist you, we will schedule a meeting with one of the lawyers. This is called an initial consultation. This may be in person in our Toronto or Barrie office, or by phone.
During the initial consultation, we spend a significant amount of time reviewing documentation, gathering relevant facts from you, explaining your legal rights, providing you with our assessment of your case, outlining your legal options, and recommending how we think you should proceed.
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We may provide you with all the advice you need at this initial consultation or you may require additional legal services. If you want to proceed beyond an initial consultation then we will enter into a legal services agreement with you which describes the scope of the future services and our fees for providing these services.

Services

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Severance Packages

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Wrongful & Constructive Dismissal

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Reviewing Employment Contracts

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Advising Departing Employees

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Severance Packages

Severance Packages

Have you been given a week to decide whether to accept a severance package? If so, you are not alone. This is how most employers operate.

If this is the first time you have been terminated then you probably have lots of questions. For Macleod Law Firm’s “Answers to 20 Commonly Asked Questions”, click here.

The MacLeod Law Firm has reviewed hundreds of severance packages over the years. Some are fair; some are not. For those that are not fair, you can retain us to negotiate a better package on your behalf.

To determine whether the severance package you have received is fair, we need to meet with you and discuss your situation. This is called an initial consultation.

During the initial consultation, we gather the facts needed to give you an informed legal opinion. Then we tell you whether the severance package is fair or not. We then outline your legal rights, the legal options that are available to you and recommend next steps.

MacLeod Law Firm has been practicing labour and employment law for over 25 years. Through our offices in Toronto and Barrie, we would be happy to help.
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Wrongful & Constructive Dismissal

Wrongful & Constructive Dismissal Actions

MacLeod Law Firm provides advice and representation to employees who wish to commence wrongful or constructive dismissal actions against a former employer.

For various reasons, we almost always recommend that a person try to settle the case with the employer with our help before commencing litigation.

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Wrongful Dismissal
In general, an employer is permitted to terminate an employee’s employment without just cause by providing the employee with notice of termination (or compensation instead of this notice.) If an employer does not provide adequate notice of termination then the employee has been wrongfully dismissed.
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Constructive Dismissal
  • If your employer has changed a fundamental term of your employment without your approval then you may have been constructively dismissed. Here are some examples:
  • A reduction in salary may be a constructive dismissal depending on the size of the reduction. For example, a 25% cut in salary is likely a constructive dismissal, however, a 10% cut in salary may not be. The elimination of a bonus may be a constructive dismissal unless it is a true discretionary bonus. A reduction in one or more employee benefits may be a constructive dismissal.
  • Significant changes in your job duties can be a constructive dismissal unless you have agreed – usually in an employment agreement – that the employer can change your duties.
  • A temporary layoff is generally considered a constructive dismissal.
  • If you have been subjected to continuous yelling and screaming, abusive and unfair treatment then you may have been constructively dismissed.
  • MacLeod Law Firm has spoken to many employees who want to know whether or not they have been constructively dismissed.

Legal Venues

In Ontario, an employee can bring a legal proceeding in connection with a termination in many different forums.
The Courts
  • An employee can commence an action against her former employer in court.
  • The Small Claims Court is for claims up to $25 000. For more information about our Small Claims Court practice, click here.
  • The Simplified Procedure under Superior Court of Justice is for claims between $25 000 and $100 000.
  • A normal action in the Superior Court is for claims over $100 000.
    There can be significant cost consequences for bringing an action in the wrong court.
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Administrative Tribunals
  • A person can file a complaint with the Ministry of Labour for issues such as unpaid wages, holiday pay, overtime pay, vacation pay, termination pay and severance pay under the Ontario Employment Standards Act.
  • A person can file a complaint under the under the Ontario Human Rights Code if they believe they have been discriminated against because of one or more personal characteristics such as their gender or a disability.
  • An employee can also file claims under the Pay Equity Act, the Occupational Health & Safety Act, and the Workplace Safety and Insurance Act.
  • It is very important to consider the consequences of commencing a legal proceeding in the courts as opposed to an administrative tribunal. For example, if a person files a claim for termination pay under the Employment Standards Act then they cannot generally bring a wrongful dismissal action. Similarly, if a person claims for damages for the discrimination they experienced in a wrongful dismissal action then the person cannot generally also file a human rights complaint under the Ontario Human Rights Code.
  • To determine whether it makes sense to commence litigation against your former employer, you should meet with the MacLeod Law Firm to discuss your situation. This is called an initial consultation.
  • During the initial consultation, we gather the facts we need to provide you an informed legal opinion.
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Reviewing Employment Contracts

Employment Contract

Have you been asked to sign back a written offer of employment, or sign an employment contract?

This offer letter or employment contract has likely been drafted by the company’s lawyer and it likely takes away some of your rights.

There is no such thing as a standard offer letter or employment contract. Some companies try to include many clauses in every offer/agreement. However, the fact is that some of the clauses are often negotiable.

We have reviewed hundreds of employment contracts over the years. Some are fair; some are not. MacLeod Law Firm can tell you which clauses in the contract are not fair in your circumstances, why and provide you with tips to negotiate.

If you are currently employed and have other job offers then you will never be in a better negotiating position than you are now. Take advantage of it with our help.

To determine whether the job offer is fair in your circumstances, we need to meet with you and discuss your situation. This is called an initial consultation.

During the initial consultation, we gather the facts we need to give you an informed legal opinion. MacLeod Law Firm provides you with comments and suggestions on how to protect and in some cases enhance your rights.

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Advising Departing Employees

Employee Resignation

We often get calls from individuals who are thinking about resigning.

Some people want to know how much notice of resignation they are required to provide their current employer. Contrary to popular belief, there is no legal requirement to provide two weeks’ notice of resignation. A little known fact is that an employer can seek damages against an employee for “wrongful resignation.”

Some people feel they are being forced to resign and would like to know whether they can sue their employer for constructive dismissal.

Some people want to know whether the non-competition or non-solicitation agreement they signed is enforceable.

Some people want to know what duties, if any, they owe their current employer regardless of whether they signed an employment contract. For example, did you know that if you are a senior executive or you are the face of your employer to its clients then you may have a duty not to solicit customers even if you didn’t sign a non-solicitation agreement?

Some people want to discuss what will happen if they take a job with a competitor and the former employer sues them.

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Human Rights

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Occupational Health & Safety

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Employee vs. Independent Contractor

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Small Claim Court Actions

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Human Rights

Human Rights

The Ontario Human Rights Code (“the Code”) is a provincial law that gives people equal rights and opportunities without discrimination in specific social areas such as employment, housing, services, facilities, and contracts.

The Code’s goal is to prevent discrimination and harassment on 17 different grounds, including race, religion, gender, sexual orientation, age, family status and disability, to name a few.

If you believe you have experienced discrimination, the MacLeod Law Firm can help you determine if the unfair treatment or harassment you have experienced is protected under the Code, and if so, where to pursue your case. Although we do specialise in human rights violations in the workplace, the MacLeod Law Firm has handled cases involving human rights violation in the context of housing, education, and other services.

Legal Venues

There are two main venues where an employee can bring a legal proceeding in connection with a human rights violation.
The Human Rights Tribunal of Ontario

An employee can start an application against their former employer for a human rights violation at the Human Rights Tribunal of Ontario (“the HRTO”). Human Rights applications can also be made against individuals, such as supervisors or co-workers.

The HRTO may award lost wages, lost benefits and general damages for the injury to the person’s dignity, feelings and self-respect.

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Courts

Individuals can also add human rights claims onto other civil lawsuits. This most often occurs with a wrongful dismissal case, if discrimination played a role in the termination. It could also occur with constructive dismissal, harassment, or any other legal claim a person can sue for in court.

There are significant differences between starting a human rights claims in court as opposed to the HRTO. Typically, if a person claims damages for the discrimination they experienced in a wrongful dismissal action, then the person cannot also file a human rights complaint under the Code.

To determine whether you have experienced a violation of your human rights, whether it makes sense to start a claim against your former employer, and where to bring your complaint, you should meet with the MacLeod Law Firm to discuss your situation. This is called an initial consultation.

During the initial consultation, we gather the facts we need to provide you with an informed legal opinion.

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Occupational Health & Safety

Occupational Health & Safety

Under the Occupational Health and Safety Act, Ontario employers are required to provide you with a safe work environment. Did you know that your employer must take every precaution reasonable in the circumstances for your protection?

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Did you know your employer is required to post a health & safety policy, a workplace harassment and workplace violence policy, and a copy of the Occupational Health and Safety Act in the workplace?
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Have you been harassed at work or been subjected to workplace violence?

Did you know that your employer is required to respond to any complaint you lodge concerning this behaviour under the Occupational Health and Safety Act?

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Have you been asked to perform unsafe work?
Did you know you have the right to refuse unsafe work under the Occupational Health and Safety Act?
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Do you work with hazardous materials?
Did you know that under the Occupational Health and Safety Act your employer shall not use them unless prescribed requirements concerning their identification, safety sheets and worker training and instruction are met?
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Have you been punished for following the Occupational Health and Safety Act, for asking your employer to follow the Act or for exercising your rights under the Act, including bringing safety issues to your employer’s attention?
If you believe you have been punished for any of the above reasons, you may file a complaint to the Ontario Labour Relations Board.
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Employee vs. Independent Contractor

Independent Contractor vs. Employee

One of the most common issues that arise in employment law is whether an individual is an independent contractor or an employee.

An employee has many more rights than an independent contractor. For example:

You generally have the right to be paid, among other things, vacation pay, statutory holidays and overtime pay under the Employment Standards Act.

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You generally have rights under the Occupational Health & Safety Act, and the Workplace Safety and Insurance Act.

You generally have the right to receive reasonable notice of termination unless you have agreed to accept a lesser amount.

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You generally have the right to collect employment insurance benefits.

On the other hand, as an independent contractor, you can claim deductions that you can’t take as an employee such as home office expenses and vehicle expenses.

Since an independent contractor generally pays less taxes than an employee and employers are not required to deduct and remit payroll taxes for contractors the Canadian Revenue Agency (CRA) carefully reviews contractor agreements.

If you look like a duck, walk like a duck, and talk like a duck then the CRA could conclude that you are a duck; that is, an employee.

So, make sure that you are a true independent contractor before signing an agreement that classifies you as an independent contractor.

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Small Claim Court Actions

Small Claim Court Actions

In Small Claims Court, damages are limited to $25,000.

If your employment was terminated without cause and you did not receive reasonable notice of termination then you can commence a wrongful dismissal action.

If you have already secured alternative employment then you can calculate your wrongful dismissal damages relatively easily.

Here is an example for illustrative purposes only:

Let’s say you are a 45-year-old middle manager who was earning $60,000 when you were terminated after six years service. You did not sign an employment contract. Let’s say you secured another job paying $60,000 five months after you were terminated.

In this scenario, your wrongful dismissal damages could be five months pay or $25,000.

Commencing an action in the Small Claims Court is often the most efficient, and cost-effective way to collect wrongful dismissal damages up to $25,000. Although anyone can initiate a claim in Small Claims Court, with or without a lawyer, it is preferable to consult a lawyer to discuss whether a Small Claims Court action is the best option for your case and to provide you with guidance and representation throughout the ins and outs of Small Claims Court procedure.

Employee Blog

Is Your Severance Package Fair?

We have reviewed thousands of severance packages. If your employment has recently been terminated and you have been provided with a severance package, then read on. Time Limit to Accept Package Most employers give an employee 5 to 7 days to accept a severance package....

read more

Are Managers Entitled to Overtime Pay?

Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees. If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all...

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In The News

MacLeod Law redesigns website to better serve clients

MacLeod Law redesigns website to better serve clients

Wrongful dismissal: Recent case law increases legal uncertainty

Wrongful dismissal: Recent case law increases legal uncertainty

Metrolinx to ban workers from using pot on their own time

Metrolinx to ban workers from using pot on their own time

How important are the deadlines in your severance package?

How important are the deadlines in your severance package?

Valuing employee pensions in wrongful dismissal cases

Valuing employee pensions in wrongful dismissal cases

Employment rights for new Canadians

Employment rights for new Canadians

MacLeod Law Firm adds new associate

MacLeod Law Firm adds new associate

Genetic discrimination unclear in provincial law

Genetic discrimination unclear in provincial law

The case for applications instead of actions in wrongful dismissal cases

The case for applications instead of actions in wrongful dismissal cases

Paralegal awarded $22,000 in harassment case

Paralegal awarded $22,000 in harassment case

Toronto woman says fellow bank customer made anti-Asian slurs

Toronto woman says fellow bank customer made anti-Asian slurs

Accommodation Requests Must be Carefully Considered

Accommodation Requests Must be Carefully Considered

MacLeod Law Firm expands with new associate, Nadia Halum

MacLeod Law Firm expands with new associate, Nadia Halum

Off-duty conduct increasingly under scrutiny: lawyers

Off-duty conduct increasingly under scrutiny: lawyers

Give HRTO power to award costs: Simes

Give HRTO power to award costs: Simes

How to support transgender employees

How to support transgender employees

‘Poisoned’ kitchen culture promotes sexual harassment

‘Poisoned’ kitchen culture promotes sexual harassment

Landmark human rights damages award likely to spur more claims

Landmark human rights damages award likely to spur more claims

Accommodation goes both ways for employers, employees

Accommodation goes both ways for employers, employees

Toronto Employment Lawyer Comments on Accommodating Disabilities in the Workplace

Toronto Employment Lawyer Comments on Accommodating Disabilities in the Workplace

Benefits, promotions cannot be offered based on gender

Benefits, promotions cannot be offered based on gender

Lawyers and paralegals can’t charge to bring HRTO case on someone’s behalf

Lawyers and paralegals can’t charge to bring HRTO case on someone’s behalf

Toronto employment lawyers Doug MacLeod and Nicole Simes, of MacLeod Law Firm, face off: Be it resolved that an employer should never terminate an employee when they return from maternity leave.

Toronto employment lawyers Doug MacLeod and Nicole Simes, of MacLeod Law Firm, face off: Be it resolved that an employer should never terminate an employee when they return from maternity leave.

Discrimination ruling good news for employees

Discrimination ruling good news for employees

Federal agents entitled to fixed shifts due to child care, appeal court rules

Federal agents entitled to fixed shifts due to child care, appeal court rules

Is this a watershed in battle against sexual harassment?

Is this a watershed in battle against sexual harassment?

Mandate outlined by CBC raises legal question

Mandate outlined by CBC raises legal question

HRTO fee decision sends message

HRTO fee decision sends message

‘Context is everything’ when it comes to harassment

‘Context is everything’ when it comes to harassment

Toronto employment lawyers Doug MacLeod and Nicole Simes face off: be it resolved that terminated employees should be required to actively seek employment.

Toronto employment lawyers Doug MacLeod and Nicole Simes face off: be it resolved that terminated employees should be required to actively seek employment.

Toronto employment lawyers Doug MacLeod and Nicole Simes, of MacLeod Law Firm, face off: Be it resolved that employers should always give a reference.

SCC ruling reduces wrongful dismissal court costs

SCC ruling reduces wrongful dismissal court costs

Toronto employment lawyer Doug MacLeod says more health and safety obligation are soon to be imposed on Ontario’s employers.

Toronto employment lawyer Doug MacLeod says more health and safety obligation are soon to be imposed on Ontario’s employers.

Court opens way to faster settlements of wrongful dismissal cases

Court opens way to faster settlements of wrongful dismissal cases

Decision underlines difficulty of justifying random testing

Decision underlines difficulty of justifying random testing

Fixed schedule ruling unlikely to open floodgates

Fixed schedule ruling unlikely to open floodgates

Toronto Employment Lawyer Doug MacLeod says there are conflicting decisions on what is an employer’s duty to give time off to allow an employee to care for children or parents.

Toronto Employment Lawyer Doug MacLeod says there are conflicting decisions on what is an employer’s duty to give time off to allow an employee to care for children or parents.

Ignorance of law no defence under Ontario’s accessibility law

Ignorance of law no defence under Ontario’s accessibility law

Open secrets online: What’s personal and what’s corporate?

Open secrets online: What’s personal and what’s corporate?

Drawing the line between personal, corporate online presence

Drawing the line between personal, corporate online presence

Toronto Employment Lawyer Doug MacLeod explains why employment contracts should be reviewed regularly.

Toronto Employment Lawyer Doug MacLeod explains why employment contracts should be reviewed regularly.

AODA and Small business: Severe penalties for lack of accessibility for the disabled

AODA and Small business: Severe penalties for lack of accessibility for the disabled

Employers need to stay on top of their obligations under Health and Safety legislation, says Toronto employment lawyer Doug MacLeod.

Employers need to stay on top of their obligations under Health and Safety legislation, says Toronto employment lawyer Doug MacLeod.

Toronto employment lawyer Doug MacLeod says just because you call someone an independent contractor doesn’t mean they are.

Toronto employment lawyer Doug MacLeod says just because you call someone an independent contractor doesn’t mean they are.

Is Small Claims Court a good venue for wrongful dismissal cases?

Is Small Claims Court a good venue for wrongful dismissal cases?

Small claims limit increase big reason for more cases

Small claims limit increase big reason for more cases

Event aims to raise $100,000 for Parkinson’s research

Event aims to raise $100,000 for Parkinson’s research

Cases should hit home for employers monitoring emails

Cases should hit home for employers monitoring emails

Asking applicant age qualifies as discrimination

Asking applicant age qualifies as discrimination

Waitress’s termination “unfair,” MacLeod says

Waitress’s termination “unfair,” MacLeod says

What to consider after job termination

What to consider after job termination

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Testimonials

Jessica P., University employee
I contacted the MacLeod Law Firm at a very critical transition time in my life and I found Nadia to be very considerate and understanding. I am very grateful for all the help and support Nadia provided to see me through.
Marie P., Technologist.
Thank you Nicole! You have helped me tremendously.
Galjit N., Bank employee
I was terminated by a Bank while I was pregnant. At that time I was shocked and overwhelmed with a range of emotions and utterly devastated. I was referred to Doug MacLeod of the MacLeod Law Firm. He took the time to carefully review my career and history with my former employer, and to assess all options and rights. Right from the initial meeting, Doug was empathetic and professional, and it was evident that he possessed a wealth of experience and knowledge as it related to employment law.

Recognizing that I was nearing the end of my pregnancy, Doug worked tirelessly to ensure that I could put this experience behind me so that I could focus on enjoying the remainder of my pregnancy. He aggressively pursued my former employer to compensate me for my financial loss. As a result of Doug’s efforts, I was able to achieve a settlement that was fair and that would allow me to finally focus on my family and put this terrible ordeal behind me.

I hope that none of my friends or family ever have to experience this terrible process, but if they do, it is without hesitation that I would refer them to Doug MacLeod, a professional that I can trust and endorse.

Gander T, Part-owner of Small Business
Thank you Doug for your advise and counsel. My employment and the termination of my employment had an uncertain outcome. Because of your understanding of my situation you were able to negotiate a favourable severance package on my behalf. It was clear from the start that you were always looking out for my best interest. We built a good working relationship. If I ever need an employment lawyer again I would definitely retain you again.
Glen N., Salesperson
I was terminated when my former employer closed down operations in Canada. It refused to pay me the minimum termination and severance pay I was owed and claimed I owed it money because I was a commissioned salesperson and my draw exceeded commissions. I had never once been told that I was a commissioned salesperson and a lawyer friend put me in contact with Doug MacLeod of the Macleod Law Firm. Doug tried to settle the case before trial however at mediation the employer refused to offer me a fair settlement so we proceeded to trial. Doug never put any pressure on me to settle early. The option was always mine. Under the Employment Standard Act the most I could have recovered was $10,000. The court awarded me almost double that amount. In addition, the employer was ordered to pay most of my legal fees.
Patrick Tinney, Senior Executive
I have known Doug MacLeod of the MacLeod Law Firm for many years and can highly recommend him as a savvy labor lawyer. Doug is very time aware and is straight to the point on collecting key client case information. He is focused on bringing the other side to the negotiation table. Doug is attentive with his listening skills and shows strength in his ability to distinguish strong case points versus those that offer lesser value. What I liked about Doug was his articulation of negotiation strategy. He is not afraid to say “let’s take this deal.”
Sean R., Salesperson
A former employer refused to pay me commissions I was owed at the time my employment ended. I had the good fortune of being referred to Doug MacLeod of the MacLeod Law Firm. Doug was always upfront and realistic with expectations of the legal process and likely outcomes. It was a lengthy relationship that lasted about a year and with Doug’s guidance I was successful in coming to agreement and being awarded the full amount of monies owing. Doug provided trustworthy guidance throughout a 12 month disagreement with a past employer. Since that time I have referred other friends to him with pleasure and confidence.
Anne S, Consultant
I have a consulting business. I work for countries in many different countries. Since 2006 I have depended on Doug MacLeod’s sage counsel for every work contract I negotiated as an independent consultant. Doug is quick to respond to my requests and is adept at helping me to prepare for client meetings. I always feel much better equipped to handle difficult issues and advocate for what is important to me. My logic and my language are much sharper after Doug helps me to prepare.
Kurt P, Hospitality Industry
At first I was leery of contacting the MacLeod Law Firm as I felt that my little dismissal would be nothing more than an annoyance to a law firm that deals with much larger issues. As it turns out I could not have been more wrong. Doug MacLeod advised me about what my rights were, and to my utter delight, also informed me that I was entitled to a much larger severance. During the course of the negotiations, Doug kept me abreast of everything that was happening as it happened and always had options for me to decide how to proceed. I thank Doug for the time and energy he put into my small claim. I always had his full attention, and was never put off in favour of a larger client. No matter if your claim is large or small, the MacLeod Law Firm is the place to go. I will definitely feel great about referring anybody in need of a lawyer to Doug.
John S., Bank Employee
Doug came highly recommended to me, which proved to be true as he provided me with excellent service and advice, and, achieved a desired outcome in my case, with the minimum fuss that one hopes for when dealing with personal legal matters.
I would highly recommend Doug to anyone in need of employment law legal advice.
Crystal Lynn, Human Rights case
Doug was recommended to me by a friend after my employer refused to accommodate my doctor’s recommendations regarding my high risk pregnancy. It was a very emotional ordeal for myself and my husband and Doug was very supportive and helpful. He listened to us and guided us through our options step by step. Doug really knows what he is doing and I felt that he really cared, which was so important to me.

I am so happy to have been referred to Doug. He is an excellent, knowledgeable lawyer with compassion.

5 Things You Should Know About the Human Rights Code
To view our “5 Things You Should Know About the Human Rights Code”, please complete the MacLeod Law Firm form below.

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7 Things You Should Know About the Employment Standards Act
To view “7 Things You Should Know About the Employment Standards Act”, please complete MacLeod Law Firm’s form below.

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5 Things You Should Know About the Human Rights Code
To view our “5 Things You Should Know About the Human Rights Code”, please complete the MacLeod Law Firm form below.

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7 Things You Should Know About the Employment Standards Act
To view “7 Things You Should Know About the Employment Standards Act”, please complete MacLeod Law Firm’s form below.

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Toronto Office

702 - 2 Bloor Street West,
Toronto, ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue,
Barrie, ON L4N 9J2

Collingwood Office

220 - 1 First Street
Collingwood, ON
L9Y 1A1

Contact

Phone

+1 (888) 640-1728

Email

[email protected]

Toronto Office

702 - 2 Bloor Street West, Toronto ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue, Barrie ON L4N 9J2

Collingwood Office

220 - 1 First Street, Collingwood, ON L9Y 1A1

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