A layoff or restructuring is not discriminatory simply because an affected employee is older. The legal issue is whether age played any part in the decision.
Ontario’s Human Rights Code prohibits discrimination in employment because of age. There is no
In everyday conversation, employees often use “severance” to describe their entire termination package. Ontario law is more precise. Under the Employment Standards Act, 2000 (ESA), termination pay and statutory severance pay are separate entitlements. A wrongful dismissal claim at common
Being pregnant does not make an employee immune from termination. It does, however, make the reason for the decision legally important.
Under Ontario’s Human Rights Code, pregnancy is protected as part of the ground of sex. An employer cannot terminate,
An employee who cannot work because of illness or injury may qualify for both Canada Pension Plan (CPP) disability benefits and long-term disability (LTD) benefits under a private insurance policy. The two programs are separate, use different legal tests, and
Preparing for a new baby should not include uncertainty about whether your job will still be there when you return. Understanding job-protected leave and Employment Insurance benefits can help you plan your maternity leave entitlements in Ontario with greater confidence.
Your contract may call you an independent contractor, but that does not necessarily determine your legal status. When assessing independent contractor and employee relationships in Ontario, courts consider how the working arrangement operates in practice.
Misclassification can prevent workers from
Receiving a denial letter that refers to a “lack of medical evidence” can be confusing. You may have submitted reports from your doctor, attended appointments and provided everything the insurer requested. Yet the insurer still says there is not enough
Losing your job later in your career can have a significant effect on your financial security, retirement plans and ability to find comparable employment. While employers may eliminate positions for legitimate business reasons, they cannot select employees for termination because
Yes, in some cases. Working part-time does not automatically end long-term disability (LTD) benefits in Ontario. The result depends on the wording of the policy, the medical evidence, the work being performed, the claimant’s earnings and any partial disability or
Long-term disability insurers sometimes use surveillance when assessing whether a claimant’s reported restrictions are consistent with their observed activities. Surveillance may include video recorded in public, investigative reports and review of publicly available social media content.
The existence of surveillance does not
