Currently, a claim for unpaid wages, vacation pay and termination pay can be brought to the Ministry of Labour as a complaint under the Employment Standards Act, but the maximum you can obtain is generally $10,000. If you claim for termination pay then you generally cannot bring a wrongful dismissal action in the courts.
If your wrongful dismissal damages are $25,000 or less, then you can file the claim in Small Claims Court.
On August 11, 2014, the Minister of the Attorney General introduced a new pilot project allowing plaintiffs to file claims online for certain matters. The claims can be made only in Brampton, Oshawa, Ottawa and Richmond Hill. It may be broadened to the entire province in 2015.
Not all claims are covered by the new e-filing. Your claim must be for a specific amount – for example a specific amount owed under a contract. If the amount owed is in dispute, filing must proceed the normal route.
We help employees with small claims court actions. We can either: draft small claims court claims on your behalf and help you navigate the process on your own or we can take over the case from start to finish; the choice is yours.
If you have a potential Small Claims Court action and would like to speak with an employment lawyer about your rights, please contact us at [email protected] or 1-888-640-1728 (toll free) or 647-633-9894 (within the GTA).
In an employment contract review, a lawyer can explain which rights you are giving up in the contract and suggest changes to benefit you.
Before accepting a severance package, it’s important to get it reviewed by an employment lawyer to ensure you’re not giving up any of your entitlements.
With many terminations throughout 2020 due to Covid-19, employees are asking whether Covid-19 affects their wrongful dismissal rights.