EmploymentFixed feeEmployment Standards claims

Temporary layoff dispute

Temporary layoff dispute. Employment standards, wrongful dismissal, and workplace rights representation.

An Employment Standards claim must usually be filed within two years of the wages becoming due or the violation; after filing, the Ministry sets the timing. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Checking which Employment Standards Act, 2000 rights apply to you
  • Calculating the amounts that may be owed
  • Preparing a letter to the employer, where it helps
  • Preparing and filing the claim with the Ministry of Labour
  • Supporting you through the Employment Standards Officer's investigation

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

  1. 1Pay stubs and records of the hours you worked
  2. 2Your contract or offer letter
  3. 3Any termination letter and your Record of Employment
  4. 4Your employer's legal name and address
  5. 5Messages with your employer about the issue

Frequently asked questions

How much does it cost?

The fee is $750 plus 13% HST ($847.50 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.

Can I file a claim if I am in a union?

Usually not. Unionized employees generally enforce these rights through a grievance under the collective agreement.

Will a claim stop me from suing later?

It can. Filing a claim for termination or severance pay may prevent a court claim for the same dismissal, so choose the route carefully.

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.
Law Society of Ontario — Barreau de l'Ontario
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