Who Are We

Soni Law Firm is a boutique litigation firm focused in Employment Law, Labour Law, and Personal Injury Law. In today’s world, the law changes faster than ever before and a general understanding may not be enough. Our dedication to these practice areas allows us to be leaders among our peers and respected by the opposing side.

Employment and Labour Law

Soni Law Firm has an established reputation for helping employees and employers with a full range of employment and labour law issues. Our philosophy is to build a st...

Personal Injury Law

Soni Law Firm understands the financial and emotional stress a personal injury accident can have on a victim. We strongly believe you should be able to focus on making ...

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Q1. I am paid an annual salary. So, would I still get overtime?

The general rule is that both hourly and annually-salaried employees are entitled to overtime compensation for working beyond a 44-hour work-week. These employees must be paid by their employer a special overtime rate of pay: one and a half (1.5) times their regular pay rate for each hour worked beyond the first 44 hours in the week. There are exceptions to this rule including the exclusion of supervisory or managerial position employees.

Q2. What steps can I take if I am facing harassment by my manager?

Human rights regulation and health and safety legislation protect employees from workplace harassment by co-workers, managers, and others at work. However, your legal protections and next steps depend upon the kind of bullying.

As a first step, the sufferer should bring the harassment to his or her supervisor’s, senior manager’s or Human Resource department’s attention.

Q3. Can I be transferred without my permission?

Many times, an employee cannot be asked to serve at another location unless he or she has signed a contract authorizing the employer to make such a change. As per the law, an unsanctioned transfer could be counted as constructive dismissal. However, a unilateral transfer to a similar position is usual.

Q4. Is it possible for my employer to revoke or change my insurance/pension benefits?

Generally, an employer is not entitled to unilaterally revoke or make changes to the insurance benefits without giving prior notice. The exception to this is if your employment contract with your employer clearly states that benefits can be changed or cancelled without notice. Usually, pension benefits are relatively more complicated because they are administrated by intricate pension laws and other legal and financial obligations.

Q5. How many warnings does one get before actually getting fired?

There is no pre-decided and particular number of oral or written warnings required to fire an employee. This decision will primarily be influenced by your past and present conduct and whether the employer used progressive discipline. Nevertheless, in many instances, an under-performing employee or an employee producing poor quality of work could very be entitled to termination and/or severance pay because the termination did not reach the legally justified standard for a “with cause” termination.

Q6. In case of prolonged sickness, can an employee be fired?

If you are absent from work and are unavailable to deliver your job duties because of continued sickness, your job is protected by various human rights provisions. However, at some point, your employer may try to get you to leave the job by arguing a legal concept called: Frustration of Contract. An employer may be able to argue Frustration of Contract if it can be established that there is no foreseeable prospect of an employee returning to work.

There is significant legal analysis required to balance an employee’s right to be protected from discrimination based on a disability and an employer’s ability to terminate a disabled employee based on Frustration of Contract.

While away from work due to your ongoing illness, you must ensure your employer is being kept informed about your absence and accommodation needs. Also, you may have to attend an “independent medical examination” which is organized and paid for by your employer. The point of this medical examination is for your employer to have their own doctors review your medical documentation, health condition, accommodation requests, and possible ability to return to work.   

Even if your employer terminates your job based on Frustration of Contraction, you could be entitled to termination pay and severance pay.

Q7. If fired without cause, what are an employee’s legal rights?

An employee who is terminated without cause is entitled to notice or pay-in-lieu of notice no less than the statutory minimum amounts set out by Ontario’s Employment Standards Act (“ESA”). The key words in that sentence are: no less than AND minimum amounts.

Many times an employee will be entitled to common-law notice: which is almost always more generous and longer than the minimum amounts prescribed by the ESA. Common law notice is calculated based on a number of aspects including an employee’s age, service duration, salary, and position.

Employment & Labour Lawyer in Toronto

We provide powerful advocacy to resolve workplace disputes with demonstrated successful outcomes.

You can rely on Soni Law Firm, one of Toronto’s leading Employment and Labour Law Firms, for their legal advice on various kinds of workplace disputes, including wrongful and constructive dismissals, workplace bullying and harassment lawsuits, contracts and covenants negotiations, human rights violations and employment restrictions.

Soni Law Firm works on the philosophy of building a strong case from day one to be able to gain desired results for our clients.

Do you need expert legal advice on employment or labour law?

Call the Employment & Labour Lawyers at Soni Law Firm at 416.645.5940 or drop an email at info@sonilaw.ca