Duty to Accommodate Review
Legal review and representation regarding employer duty to accommodate.
What is included
- Reviewing your situation, contract, pay records and any termination letter
- Explaining your options, such as an Employment Standards claim, a demand letter, a tribunal application or a Small Claims Court action
- Calculating amounts that may be owed under the Employment Standards Act, 2000 and, where relevant, at common law
- Drafting the claim, response or letter
- Negotiating with the employer or representing you, where your service includes it
What is not included
- Court claims over the $50,000 Small Claims Court limit, which a lawyer must handle
- Court or tribunal fees and other disbursements
- Hearings, reviews or appeals beyond the step described
- Union grievances, which usually go through the union under the collective agreement
Who this service is for
- Employees owed wages, overtime, vacation pay or termination pay
- Employees who were dismissed or think they were constructively dismissed
- Employees offered a severance package or a new contract
- Small employers who want to follow Ontario's employment rules
Information to have ready
- 1Your employment contract or offer letter
- 2Pay stubs, T4s and records of your hours
- 3Any termination letter and your Record of Employment
- 4Emails and messages with your employer
- 5A dated timeline of what happened
Frequently asked questions
How much does it cost?
The fee is $900 plus 13% HST ($1,017.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Should I file an Employment Standards claim or sue?
It depends. An Employment Standards claim covers the legal minimums, while a court claim may seek reasonable notice at common law, which may be higher. Filing an ESA claim about a termination may prevent a court claim for the same dismissal.
What is constructive dismissal?
It may happen when an employer makes a major change to your job without your agreement, such as cutting pay or duties, or makes the workplace intolerable. Whether it applies depends on the facts, and acting promptly matters.
Do I have to sign a severance offer right away?
Usually not. It is common to ask for time to review an offer. Signing a release usually ends your right to claim more.
Can my employer punish me for asking about my rights?
Reprisal for asking about or asserting your Employment Standards Act rights is prohibited, and a reprisal complaint may be possible.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the decision-maker decides
- Small Claims Court can award at most $50,000
- Deadlines, often two years, must be met
- Court claims over the $50,000 Small Claims Court limit and any other employment work outside a licensed paralegal's scope are referred to an Ontario lawyer.
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