Employment Law

Employment disputes can be disorienting and stressful. Whether you have been dismissed, are facing a workplace conflict, or need to understand your rights and obligations as an employer or employee, Silver Crest Law provides clear, practical advice grounded in Ontario employment law.

Wrongful Dismissal

When an employee is terminated without cause, they are generally entitled to reasonable notice or pay in lieu of notice — which is frequently far more than the bare statutory minimums under the Employment Standards Act, 2000. At common law, courts consider factors including the employee's age, length of service, character of employment, and availability of similar employment in determining reasonable notice. We assess your full entitlement, advise on your options, and pursue claims on your behalf through negotiation or litigation.

Constructive Dismissal

Constructive dismissal occurs where an employer unilaterally changes a fundamental term of the employment relationship — including compensation, title, duties, location, or working conditions — to such a degree that the employee is effectively forced out. Many employees do not realize they may have a constructive dismissal claim. We assess your circumstances and advise on how to proceed, including whether to resign and claim constructive dismissal or remain and assert your rights.

Severance Review & Negotiation

Before signing any severance agreement, have it independently reviewed. Many offers significantly undervalue what an employee is entitled to at common law, often by a wide margin. We review your package, assess whether the offer is fair, and negotiate improved terms on your behalf. In most cases, the cost of a review is more than offset by the improvements obtained.

Employment Standards Act Matters

We advise employees and employers on their rights and obligations under the Employment Standards Act, 2000, including minimum notice requirements, vacation entitlement, overtime pay, public holidays, and leaves of absence. We also assist with ESA complaints and responses to Ministry of Labour investigations.

Employment Contracts & Restrictive Covenants

We draft and review employment agreements, independent contractor agreements, and executive compensation arrangements for employers. We also review restrictive covenant provisions — including non-competition and non-solicitation clauses — for enforceability under Ontario law. For employees, we review agreements before signing to identify provisions that may limit your rights or expose you to liability.

Human Rights & Workplace Harassment

• Human Rights Tribunal of Ontario (HRTO) applications and responses
• Discrimination claims based on protected grounds under the Human Rights Code
• Workplace harassment and workplace violence investigations
• Occupational Health and Safety Act obligations and complaints
• Accommodation requests and duty to accommodate disputes