Soni Law Firm Response to COVID-19

During this COVID-19 situation, the Soni Law Firm team continues to serve our clients and fight for their rights; to safeguard everyone’s health, we are offering video conferencing meetings and strictly limiting any in-person meetings.

We are experiencing higher than normal call volume from employers and employees. If you are unable to connect with us immediately on the phone, please send us an email at info@sonilaw.ca and one of our employment and labour lawyers will reach out to you on the same business day.

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Employment Lawyer Toronto

Soni Law Firm is a boutique firm of Toronto labour and employment lawyers providing expert counsel for employees, employers, and trade unions for all their workplace issues. Our years of experience and proven track record inside and outside the courtroom allows us to help employees and employers understand how to reach their desired outcomes, minimize costs, avoid possible litigation delays, and ensure their rights and entitlements are not infringed upon by anyone.

Our employment lawyers provide legal representation for non-unionized employees and employers at all stages of the employer-employee relationship, including dealing with employment contracts, wrongful termination, severance packages negotiations, human rights complaints, Employment Insurance appeals, workplace investigations, disability claims and litigation before any court or tribunal in Ontario.

Our labour lawyers have a unique perspective because we have represented unionized employees, employers, and trade unions, including representing all three sides at the Ontario Labour Relations Board. In fact, our labour lawyers have represented a union against another union!

The expertise and credibility of our lawyers is widely recognized both at the federal and provincial levels. We are a team of top-rated employment lawyers in Toronto.

Human Rights

The protection of human rights is critical to a person’s dignity, feelings, and self-worth. That is why the courts and tribunals across the country have been awarding record-breaking awards increasingly for their violation.
A human rights violation in the workplace can result in bullying, harassment, and even violence. Similarly, it is possible for a workplace policy to fall foul of human rights laws even if the original intended purpose was not do so.
Depending on the type of industry that you work in, your human rights issue may be litigated before the Human Rights Tribunal of Ontario, Canadian Human Rights Tribunal, or the Superior Court of Justice. Soni Law Firm’s human rights lawyers understand the uniqueness, strengths, and weaknesses of each of these litigation forums.
When it comes to employees, you need to know whether your employer is legally obligated to accommodate your unique human rights needs and how you can receive those workplace accommodations.
Similarly, if you are an employer, you need to understand when and how far your duty to accommodate your employee extends.
Soni Law Firm helps employees and employers understand the unique protections and obligations that they have when it comes to complying with human rights laws.

Disability Insurance Claims and Appeals

Has your short term disability, long term disability, or Canada Pension Plan Disability (CPP-D) been denied? Soni Law Firm helps clients with their claims and winning their appeals. Our employment lawyers work with you to gather medical records and other evidence to fight to win your disability insurance claim.

Speak to our disability insurance lawyers about your disability insurance claim application, insurance company denials, and any relating issues such as length of leave entitlement, expected workplace accommodations upon return, and benefits coverage.

Employment Insurance Claims and Appeals

When you are let go from your job, you may be entitled to Employment Insurance benefits. In theory, you should receive EI benefits if you have worked for a certain number of hours and you have paid into the Employment Insurance program. However, sometimes getting these benefits can be tricky even though you should have qualified to receive them because of your termination.

Some of the more complex employment insurance cases involve situations where your employer does not send your Record of Employment (“ROE”) to Service Canada; you allege constructive dismissal while your employer claims you quit; or your employer wrongfully reports a with-cause termination on your ROE in the Reason Code or Comments section.

Speak with one of our employment lawyers in Toronto to better understand if you qualify for Employment Insurance benefits and how you can fight to receive your EI benefits if they have been denied.

Non-Compete and Non-Solicitation Clauses

Your employment contracts or independent contractor agreements may use a non-compete and/or non-solicitation clause. Contrary to what you might think, parties cannot agree to just any terms for these clauses. In reality, non-compete and non-solicitation clauses are limited by specific parameters.

It is important to understand the legality and enforceability of these clauses because a violation can result in a swift injunction motion and substantial financial costs for non-compliance.

Soni Law Firm’s employment lawyers can help you to fully understand how to interpret and apply non-compete and non-solicitation clauses.

Termination and Severance Package Review

Have you been laid off, fired, or terminated from your job? You may have known that you are entitled to compensation but do you know how much? Soni Law Firm’s employment lawyers in Toronto will work with you to understand the complete picture of how you were terminated, determine if you are entitled to the Employment Standards Act (“ESA”) minimum or the much more generous common law notice entitlement. In some cases, the difference could be a few weeks (ESA) versus over two years (common law) of pay.

Before you sign any termination or severance package, speak with Soni Law Firm to know your rights and entitlements.

Constructive Dismissal

If you feel you have been demoted or have had your terms of employment changed unilaterally, speak to one of Soni Law Firm’s Toronto employment lawyers immediately to learn your rights.

Signals of constructive dismissals may include a reduction in compensation or benefits, changes in working shifts, change in work location, increased job duties, reduced job duties, or even subjecting you to workplace bullying, harassment, or abuse.

When it comes to constructive dismissals, employees need to act as quickly as possible or face the possibility that their non-action amounts to accepting the job change.

Wrongful Dismissal

Our Toronto employment lawyers help you to make sure you get your full legal compensation entitlements from your wrongful termination.

Soni Law Firm’s labour and employment lawyers in Toronto help clients in cases involving termination without cause, without adequate notice, and when the employer improperly alleges cause/wrongdoing. We help clients ensure notice periods are commensurate with their legal entitlements and consistent with a series of factors including tenure, age, availability of comparable jobs and any enforceable employment contract provisions.

Labour Law

Soni Law Firm represents unionized employees, unionized employers, and unions themselves. Unionized workplaces are unique because they are governed by a collective bargaining agreement which outlines the roles and responsibilities of all parties. Our labour and employment lawyers in Toronto regularly litigate before the Ontario Labour Relations Board and Canada Industrial Labour Relations Board.

Contract Employees

An independent contractor or a fixed-term employee has many of the same rights as ‘regular’ employees in a similar position. A Toronto employment lawyer can help you plan employment policies and understand the rights and entitlements of contract employees.

Workplace Discrimination

Discrimination in the workplace can arise as abuse, bullying, harassment, and inequality in working conditions for the same work. Speak to our Toronto employment lawyers to understand what recourse you, as an employer or an employee,  have for situations of alleged workplace discrimination.

Ontario Labour Relations Board

The Ontario Labour Relations Board is a specialized tribunal with its own unique rules and procedures distinct from the court. Effective representation before the Ontario Labour Relations Board is essential! Call to speak with an employment lawyer in Toronto to best understand how you can navigate your case before the Ontario Labour Relations Board.

Unions and Labour Law

Are you an employee whose union failed to advance their grievance or represent them effectively? Are you an employer who has been served with an Application by the Union to certify your workforce? Are you a union looking to organize a group of employees? Soni Law Firm has represented all three sides: employees, employers, and unions. So, our labour lawyers based in Toronto build your case by studying all sides, analyzing all arguments, and putting forward the best possible case to get you the results you deserve.

Employment Litigation

Soni Law Firm represents employers and employees in workplace litigation in any employment or labour related dispute. We are a full-service employment law firm, representing you in lawsuits, mediation and at trial. Our Toronto employment lawyers offer sound advice based on seasoned experience, decisive strategies, and compassionate advocacy for plaintiffs and defendants.

Small Business and Start-Up Law

Our Toronto employment lawyers help add value for small businesses, start-ups, and entrepreneurs by establishing cost-effective and prudent employment policies and contracts. We help you with hiring employees, engaging independent contractors, acquiring new employees from business acquisitions, to the termination of employees and any negations or litigation which may arise from those terminations.

Toronto Employment Lawyer | Toronto Employment Lawyer
Toronto Employment Lawyer

Why Soni Law

Soni Law Firm is a boutique litigation firm focused on labour law and employment law. In today’s world, the law changes faster than ever before and a general understanding may not be enough. You need a trusted employment and labour lawyer to handle your issues. Our dedication to these practice areas allows us to be leaders among our peers and respected by the opposing side.

Soni Law Firm has a proven track record of representing employees, employers, and unions before the Superior Court of Justice, Ontario Labour Relations Board, Canada Industrial Relations Board, Human Rights Tribunal of Ontario, Canadian Human Rights Tribunal, and Ministry of Labour.

Our Toronto employment lawyers have litigated cases across the province of Ontario. We work with our clients like partners to understand their goals, build a legal strategy, and use all legal tools available to achieve those goals in a cost-efficient and timely manner.

Call Soni Law Firm for a free telephone consultation and find out how our Toronto employment lawyers can help you with your labour and employment
law needs.

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FAQs

Q1. When should you hire an employment lawyer?

Toronto employment lawyers assist employees and employers with all types of employment and workplace-related disputes. Our lawyer will advise you on
the requirements of fair and consistent treatment laid down by the Employment Standards Act, Canada Labour Code, human rights law and any employment contract
that you have in place. Employment lawyers will assist you with all types of employment-related legal issues including:

  • Negotiating employment contracts and severance packages
  • Violations of employment contract
  • Wrongful termination
  • Sexual harassment
  • Discrimination and abuse
  • Maternity and parental leave
  • Labour and union disputes
  • Ministry of Labour claims

Q2. Do I need an employment lawyer?

An employment lawyer helps people understand, protect and fight for their rights. It is best to speak with an employment lawyer at the earliest point
possible to see if the issues can be resolved through negotiation and, if not, you can begin building a strong case by taking proactive steps in anticipation of any future
litigation before a labour board, tribunal, or court.  Employment lawyers advise and guide employees and employers on their rights, entitlements and duties regularly. You should to speak to a Toronto employment lawyer:

  • Before negotiating or accepting severance
  • Before claiming employment insurance
  • Before dismissing an employee
  • For guidance on maternity and parental leave
  • For guidance on discrimination and sexual harassment allegations

Q3. How to choose an employment lawyer?

Work with employment lawyers who are knowledgeable, experienced and have the resources to represent you effectively. Remember, your lawyers may represent you
before employers, unions, insurance companies, tribunals and even before the court. Choose a lawyer who shows foresight, strategy, and diligence towards your case.

Other things to consider:

Personalities – You should be able to trust your lawyer and be comfortable talking to them and working with them

Recommendation – Someone referred by family or friends can be a good choice, but they should have expertise handling your type of matter

Experience – Successful track record and experience make a big difference to strategizing, tactics and options you will have

Fees – Lawyers may offer a contingency fee arrangement (‘no win, no fee’), hourly billing or lump sum amount; make sure to understand what costs are included

Availability – Hiring a local lawyer can seem beneficial for scheduling meetings; however, with today’s technology, meetings can be easily held using video conferencing software and communications often happen via email. Make sure your lawyer is available to you in-person and digitally: they should answer your calls promptly, reply to emails in a reasonable time, and move your litigation matter along to conclusion without delay.

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 must adhere to 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. Also, it depends on whether the employer used progressive discipline. Nevertheless, in many instances, an under-performing employee or an employee producing poor quality work could be entitled to termination and/or severance pay and 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. Ask our employment lawyers for legal help.

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.

Toronto Employment Lawyer & Labour Lawyer

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

You can rely on Soni Law Firm, one of the top-rated labour and employment lawyer teams in Toronto, for our legal advice on various 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 gain desired results for our clients.

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

Call the Toronto employment lawyers at Soni Law Firm at (416) 901-8560, use our Contact Us page or drop an email at info@sonilaw.ca

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