Defending a Human Rights Tribunal application (employer)
Representing an employer responding to a human rights complaint from an employee or job applicant.
A wrongful dismissal lawsuit usually must be started within two years, and a human rights application within one year; get advice before signing any release. Ontario Done by an Ontario lawyer, by referral
What is included
Drafts employment contracts, contractor agreements and termination clauses
Prepares workplace policies and handbooks that meet Ontario requirements
Advises on terminations, packages and group layoffs before they happen
Conducts or advises on workplace investigations
Defends claims, complaints and Ministry orders
What is not included
Court or tribunal fees, reports and other disbursements
Tax or pension calculations, unless the lawyer agrees to provide them
Steps beyond the scope confirmed in writing, such as a trial or an appeal
Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
Employers hiring, restructuring or ending employment
Employers responding to a claim, complaint or order
Growing businesses updating contracts and policies
Information to have ready
1Current contracts, policies and handbook
2Number of employees and where they work
3Details of the employee or situation involved
4Any claim, complaint or order received
How a referral works
1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
Lawyers usually charge $400–$800/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Should I sign the severance package I was offered?+
Not before getting advice. Depending on your contract, you may be entitled to more than the minimum under the Employment Standards Act, 2000, and signing a release usually gives up further claims.
What is constructive dismissal?+
It may happen when an employer makes a major change to your job without your agreement, such as a large pay cut or demotion, or allows a toxic workplace. The lawyer can assess whether the facts may support a claim.
Do I have to look for a new job after I am dismissed?+
Usually, yes. Dismissed employees are generally expected to make reasonable efforts to find similar work, and this can affect damages, so keep a record of your job search.
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 settlement amount or result can be guaranteed
Deadlines keep running while you choose a lawyer
Federally regulated workplaces, such as banks and airlines, are covered by federal laws, such as the Canada Labour Code, rather than Ontario's Employment Standards Act, 2000