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Serving Hamilton and the Greater Toronto Area on Ontario legal matters 905-525-0400
Lawrence J. Cohen, K.C.  |  Joshua S. Cohen Barristers & Solicitors  ·  Hamilton

Practice Area

Employment Law

Practical advice for employees and employers when the working relationship changes or ends.

Discuss an Employment Matter

Employment issues often require prompt decisions. An employee may be asked to sign a contract, accept a severance package or respond to a significant workplace change. An employer may need to document expectations, manage a difficult transition or respond to a claim.

Lawrence and Joshua advise employees and employers on employment agreements, termination, severance and workplace disputes. We assess the written documents, the history of the relationship, statutory minimum standards, potential common-law obligations and the client’s practical goals.

Advice for employees

We assist employees with:

  • Review of employment agreements
  • Termination and severance-package review
  • Wrongful dismissal claims
  • Constructive dismissal
  • Temporary layoffs and significant changes to employment
  • Unpaid wages, commissions or bonuses
  • Workplace allegations and disciplinary issues
  • Negotiation of exit terms and releases
  • Employment-related litigation

If you have received a termination package, note the stated response deadline but do not assume you must sign immediately. Obtain advice about the agreement, the circumstances of termination and the options available before accepting a release.

Advice for employers

We assist employers with:

  • Drafting and reviewing employment agreements
  • Termination provisions and workplace documents
  • Advice before a dismissal or restructuring
  • Termination letters, offers and releases
  • Responding to wrongful or constructive dismissal claims
  • Negotiation and settlement
  • Employment-related civil litigation

Early advice can help an employer understand legal obligations, preserve relevant records and communicate a decision in a way that reduces avoidable uncertainty.

Employment agreements

The terms signed at the beginning of employment can affect what happens years later. An agreement may address duties, compensation, bonuses, benefits, confidentiality, restrictive covenants, temporary layoff, termination and dispute resolution.

Employees should understand the proposed terms before signing. Employers should use agreements suited to the role and should review their templates as the law changes.

Termination and severance

Ontario employment rights may arise from legislation, the employment agreement and the common law. Statutory minimum entitlements do not necessarily answer every question about notice, termination pay or severance.

The analysis may consider:

  • the wording and enforceability of the employment agreement;
  • length and character of service;
  • age and compensation;
  • availability of comparable employment;
  • manner and reason for dismissal;
  • bonus, commission and benefit issues;
  • mitigation and post-termination earnings; and
  • deadlines, forum and cost.

What to bring to an employment consultation

  • Employment agreement and amendments
  • Offer letter and job description
  • Termination letter or severance offer
  • Recent pay statements and compensation information
  • Bonus, commission, pension and benefit documents
  • Relevant policies
  • Important emails, messages or performance records
  • A chronology of major workplace events

Common questions

What you can expect

  • A careful review of the facts and documents
  • Plain-language advice about available options
  • A strategy shaped by your priorities and the realities of the matter
  • Candid communication about process, risk and cost
Should I sign my severance package?

Not before understanding the legal effect of the release and the potential entitlements being given up. A lawyer can review the agreement, the termination clause and the circumstances before you decide.

Are Employment Standards Act amounts the same as reasonable notice?

Not always. The Employment Standards Act establishes minimum requirements. Depending on the contract and circumstances, common-law rights may be different. The specific analysis should be completed before a decision is made.

What is constructive dismissal?

Constructive dismissal may arise when an employer unilaterally makes a fundamental change to the employment relationship or otherwise demonstrates that it no longer intends to be bound by the agreement. The test is fact-specific. An employee should obtain advice before resigning in response.

Can an employment dispute settle without court?

Yes. Many matters resolve through correspondence and negotiation. Litigation may be appropriate where the parties cannot reach acceptable terms or where a formal remedy is required.

Do you act for both employees and employers?

Yes, subject to conflict checks and the circumstances of the matter. Acting on both sides of employment issues provides a practical understanding of the concerns that shape negotiation and litigation.

Start with a clear conversation

Tell us what has happened, what concerns you most and what you need to decide. We will let you know whether the matter falls within our practice and discuss an appropriate next step.

Request an Appointment

Get advice before making the next employment decision

Contact Lawrence or Joshua to discuss an employment agreement, workplace change, termination package or employment dispute.

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