Employment Lawyer (Ontario)
Issues within the workplace can damage a worker’s relationship with their employer and potentially cause harm to their personal lives. At Nihang Law, we advocate for your rights and bring clarity to complex workplace issues.
Whether you are an individual employee facing termination or a non-unionized employer seeking compliance, our experienced employment law team offers strategic and compassionate guidance tailored to Ontario’s laws.
EMPLOYMENT LAW VS. LABOUR LAW
Employment Law and Labour Law are two areas of workplace law that are related, but have their own distinctions:
- Employment Law governs the relationship between individual employees and employers in non-unionized settings, including contracts, terminations, and workplace rights.
- Labour Law governs unionized workplaces, dealing with collective bargaining, strikes, and grievances under a collective agreement.
If you are not part of a union, your issues likely fall under Employment Law. If your workplace is unionized, please visit our Labour Law page.
OUR EMPLOYMENT LAW SERVICES
Wrongful Dismissal & Termination
When an employer terminates without proper notice or severance, you may have a claim for wrongful dismissal. At Nihang Law, we carefully analyze your employment agreement and Ontario’s Employment Standards Act to determine what you are entitled to. Our lawyers negotiate fair severance or litigate when necessary to ensure you receive proper compensation.
Constructive Dismissal
If your employer fundamentally changes your job duties, compensation, or work environment without consent, you may be facing constructive dismissal. We evaluate whether those changes breach your contract and guide you through pursuing a claim. Our goal is to protect your rights and secure a fair resolution.
Employment Contracts & Agreements
Whether you are signing a new contract or reviewing an existing one, we ensure your terms protect your interests. We explain complex provisions in plain language, advise on enforceability, and negotiate fairer conditions where needed. A well-drafted agreement can prevent costly disputes in the future.
Non-Compete & Non-Solicit Clauses
Restrictive clauses can significantly limit your future employment or business opportunities. We review non-compete and non-solicit clauses for enforceability under Ontario law. Our employment law lawyers negotiate or challenge overly broad clauses to protect your career mobility and business interests.
Harassment, Discrimination & Human Rights
Workplace harassment and discrimination are violations of human rights and should never be ignored. At Nihang Law, we help employees bring claims before the Human Rights Tribunal of Ontario or support employers in responding appropriately. Our approach ensures dignity is respected, and rights are enforced.
Employment Standards & Leaves
Ontario’s Employment Standards Act sets minimum requirements for wages, overtime pay, vacation, statutory holidays, and protected leaves. At Nihang Law, we help employees enforce their statutory rights and advise employers on compliance. When standards are violated, we pursue remedies quickly and effectively.
Workplace Accommodations & Disability
In Ontario, employers must accommodate employees who need workplace adjustments. This may involve accommodating medical conditions, religious practices, family responsibilities, or other grounds protected under human rights law. Solutions may include flexible schedules, modified duties, or accessible equipment, provided these accommodations do not cause undue hardship. At Nihang Law, we guide employees in asserting their right to accommodation and advise employees in creating inclusive and legally compliant work environments.
Independent Contractor vs. Employee Classification
Misclassifying workers can have significant legal consequences for employers and employees. Not only does this deprive employees of benefits and entitlements under employment law, but they can also expose employers to liability. At Nihang Law, we carefully assess the nature of working relationships to determine proper classification. For employers, we draft compliant agreements. For workers, we help enforce employment rights when misclassified.
Dependent Contractors
Ontario law recognizes “dependent contractors” — individuals who are not employees but rely heavily on a single client for their livelihood. These workers may still be entitled to notice of termination and other protections. At Nihang Law, we help workers assert their rights and assist employers in drafting compliant agreements.
Severance Package Review & Negotiation
Employers often offer less severance than employees are entitled to under the law. At Nihang Law, we carefully review termination packages, explain your rights, and negotiate fair compensation so you don’t leave money on the table.
Workplace Investigations
Employers have a legal duty to investigate workplace harassment, discrimination, and misconduct fairly. At Nihang Law, we guide employers through this process and protect employees’ rights when they are part of an investigation.
Non-Compete Update
Since October 25, 2021, non-compete clauses are banned in Ontario employment contracts except for executives or in the sale of a business. Non-solicitation clauses remain enforceable if reasonable. At Nihang Law, we review and challenge restrictive covenants to protect your career and business interests.
Employment Law FAQ (Ontario)
- Wrongful dismissal happens when an employee is terminated without proper notice or severance.
- Constructive dismissal occurs when an employer makes significant changes to an employee’s job without consent, effectively forcing them to resign.
Severance depends on factors such as your years of service, age, position, and how long it may take you to find new work. In Ontario, you may be entitled to more than just the minimum under the Employment Standards Act — common law often provides higher amounts.
As of October 25, 2021, non-compete clauses are banned in Ontario employment contracts except for executives and in business sale transactions. Non-solicitation clauses remain enforceable if reasonable.
Yes. Contracts often include termination provisions or restrictive covenants that can significantly limit your rights. A lawyer can help you understand and negotiate better terms.
Document the incidents and report them internally if possible. You may also file a complaint with the Human Rights Tribunal of Ontario. A lawyer can help guide you through the process and ensure your rights are protected.
Major changes to your job without consent may be considered constructive dismissal. If this happens, you may be entitled to resign and claim damages.
Employees are protected under the Employment Standards Act and receive statutory protections like vacation pay, overtime, and termination rights. Independent contractors typically don’t.
Dependent contractors are a middle category — while not employees, they rely heavily on one client and may still be entitled to termination notice and other protections.
Misclassification can lead to legal claims for back pay and benefits.
No. Employers often offer less than the law requires. You should seek legal advice before signing, as a lawyer can negotiate better compensation.
Yes — contracts often contain clauses that can limit your rights, like termination clauses or restrictive covenants. A lawyer can help you understand and negotiate better terms.
Why Choose Nihang Law?
We combine in-depth legal knowledge with a client-focused approach. Whether you’re asserting your rights as an employee or managing compliance as an employer, our team delivers clear, practical solutions that protect your interests.
Book your consultation today and work with Ontario employment lawyers dedicated to achieving fair outcomes.
Call us today at 416-321-0353 or email info@nihanglaw.ca to schedule a consultation. Let us help you navigate your immigration matters with confidence, clarity, and care.