For Employers
Zayouna Law Firm advises Ontario employers on hiring, contracts, workplace policies, terminations and the claims that follow them.
Most employer exposure is created long before the exit.
The expensive employment claims rarely start on the day someone is let go. They start in a contract signed years earlier with a termination clause that no longer holds, a policy that was never updated after the legislation changed, or a performance problem that was tolerated for so long that the eventual dismissal looked like something else. By the time a claim arrives, most of the useful decisions have already been made.
The practical work for an employer is unglamorous and it pays for itself: agreements that hold up when they are tested, policies that meet current Ontario requirements, terminations planned before they are carried out, and a documented record behind every difficult decision. The alternative is defending choices that were made quickly. Not every termination needs counsel either. A short service employee leaving on ESA minimums under a clause you have already had reviewed is a process your HR lead can run.
YOU DESERVE TO BE TREATED FAIRLY
Where employer risk accumulates
Ontario employment law has changed enough in recent years that older template agreements are frequently the weakest document in a company’s files. A termination clause drafted before recent court decisions can fail entirely, and when the termination provisions fail, the employee is generally entitled to common law reasonable notice instead of the contractual amount.
The same is true of policies. Ontario now requires written policies on matters such as electronic monitoring and disconnecting from work for employers above a set size, alongside the long standing harassment program.
WHERE EMPLOYERS USE COUNSEL
Talk With Our Legal Team
If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call, you can ask any questions as it relates to your accident and/or claim and we’ll discuss your options and possible outcomes.
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Planning a termination properly
A termination has a small number of decisions that determine what it costs, and they are all made before anyone is in the room. What is the correct entitlement under the contract and at common law, does the contract’s termination clause actually hold, is cause genuinely available, and what does the release need to cover. Getting these right in advance is what keeps a file out of court.
- Confirm whether the termination clause is enforceable before relying on the amount it sets
- Calculate statutory notice, statutory severance pay and common law notice separately
- Assess cause honestly, since a failed cause allegation leaves full notice owing and can add damages
- Check group termination obligations
- Prepare the letter, the release and the benefits position together
Group and mass terminations
Terminating 50 or more employees at one establishment within a four week period triggers separate Employment Standards Act obligations. Notice runs 8 weeks for 50 to 199 employees, 12 weeks for 200 to 499, and 16 weeks at 500 or more, with Form 1 filed with the Director of Employment Standards. These obligations are easy to trip over during a restructuring that grows in stages.
Assessing just cause honestly
Cause is the most commonly overestimated position in employment law. It requires misconduct serious enough that the relationship cannot continue, the employer bears the burden of proving it, and conduct the employer tolerated is harder to rely on later. Under the Employment Standards Act the standard is wilful misconduct, which is higher still.
Who should investigate a complaint?
Ontario requires an investigation appropriate in the circumstances into harassment complaints, with written results given to both parties. Where the complaint involves a senior employee, an internal investigation is difficult to defend as neutral, which is the usual reason employers retain an external investigator.
Our Employer Side Experience
Samiya Ahmad acts for Ontario employers on contracts, policies, terminations and claim defence. Book a consultation.
Results
The cheapest employment file is the one that never becomes a claim, which is why most of this work happens before a decision is carried out rather than after.
Relationships
You work with the lawyer handling the file. The firm acts for businesses across Ontario, from owner operated companies to established employers with several sites.
Recovery
For an employer, a good outcome is a decision that holds up: a clean exit, an enforceable agreement, or a claim resolved without a protracted defence.
Service Areas
For Employers law in Etobicoke
Employer side advice for Etobicoke businesses, from the firm’s Four Seasons Place office in Etobicoke.
For Employers law in Toronto
Employer side counsel for Toronto businesses, including terminations and defence.
For Employers law in Burlington
Employer side advice for Burlington and Halton businesses, from the Ironstone Drive office.
For Employers law in Brampton
Employer side advice for Brampton businesses in logistics, warehousing and manufacturing.
For Employers law in Mississauga
Employer side employment counsel for Mississauga businesses and head office employers.
Contact Zayouna Law Firm Today
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Common Questions From Employers
How much notice does an employer have to give in Ontario?
Statutory notice under the Employment Standards Act begins after three months of employment and runs one week per year of service to a maximum of eight weeks. Statutory severance pay is owed separately where the employee has five or more years of service and the global payroll is $2.5 million or more. Common law reasonable notice is a different and usually larger obligation, unless an enforceable contractual clause limits it.
Are our template employment contracts still enforceable?
Check them. Termination clauses drafted before recent Ontario decisions frequently fail, and when they fail the employee is generally owed common law notice instead.
Can we still use non-competition clauses?
Only in narrow cases, such as certain executives and the sale of a business. Non-solicitation clauses remain available where reasonably limited.
What triggers mass termination obligations?
Terminating 50 or more employees at one establishment within four weeks. Notice is 8 weeks for 50 to 199, 12 weeks for 200 to 499, and 16 weeks at 500 or more, and Form 1 goes to the Director.
Do we have to investigate every harassment complaint?
Yes, in a way that is appropriate in the circumstances, with written results to both parties. Skipping the process is itself a compliance problem.
Can we allege cause and settle later if it fails?
It’s a costly strategy. A cause allegation that doesn’t hold leaves full notice owing and, depending on how the dismissal was handled, can add damages.
SPEAK WITH AN EMPLOYMENT LAWYER TODAY
If you are facing wrongful dismissal, workplace harassment, or another employment dispute, our employment lawyers help individuals across Ontario understand their rights and pursue fair outcomes.