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 a recent case, a female employee asked her employer not to hire a male executive because he had sexually harassed her when he had been employed earlier. The employer refused, the employee quit, and claimed, among other things, wrongful dismissal damages and...read more
As we’ve written before, when an employee is terminated and offered a severance package, they are almost always asked to sign a release agreement in exchange. A release agreement, as the name suggests, releases the employer from liabilities for employment-related...read more
If you are totally disabled and collecting disability benefits from a LTD insurer, did you know that your employer may also owe you up to 34 weeks termination & severance pay? How can this be you may ask? Well, the short answer is there is a provision in a...read more