Right-to-refuse and OHSA reprisal complaint
Advice for a worker who refused unsafe work, or an employer facing a reprisal complaint.
What is included
- Reviews the order, charge, incident or reprisal complaint
- Explains duties and rights under the Occupational Health and Safety Act
- Prepares programs, policies and training records for employers
- Represents you in an appeal, a Labour Board complaint or a prosecution
- Advises on the steps to take after a workplace incident
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 facing an order or a charge
- Workers who refused unsafe work or faced reprisal
- Employers building a workplace violence and harassment program
Information to have ready
- 1Any inspector's order, charge or complaint
- 2Incident reports, photos and witness names
- 3Existing health and safety policies and training records
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.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$750/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
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