For Employees
This page explains employment law litigation in Ontario and when legal action may be necessary to protect an employee’s rights.
We represent employees in litigation at the Superior Court of Justice, the Small Claims Court, the Ontario Human Rights Tribunal, the Ministry of Labour, and the Canada Industrial Relations Board.
We only recommend litigation where the realistic potential improvement is worth more than the time, stress, and money involved in litigation.
Unless there is an enforceable termination provision (of which few exist), the goal of litigation for wrongful dismissal is to put you in the same position you would have been had you remained employed during the notice period we are seeking. We start a legal proceeding to obtain the difference between what has been paid to you upon termination and what we believe is still owing to you.
When we sue for constructive dismissal, it means that your employer has fundamentally breached a term of your employment and has not offered to pay you the appropriate severance package. Common instances that amount to constructive dismissal include significant changes to any of the following:
Your compensation
Your schedule
Your position
Your responsibilities
Your work location
The terms of your employment
We start a legal proceeding to obtain the difference between what has been paid to you upon termination and what we believe is still owing to you.
When we sue for breach of contract, it means that your employer has fundamentally breached a term of your employment and has not offered to pay you the appropriate severance package.
Common instances that amount to breach of contract include:
Your employer terminating your employment before the end of your fixed term employment contract without paying you until the end of the term
Your employer failing to pay you your contractual termination entitlements
Your employer failing to abide by the terms of your employment
We start a legal proceeding to obtain the difference between what has been paid to you upon termination and what we believe is still owing to you.
In rare circumstances, employees are sued by their previous employers for breaching non-solicitation, non-competition, confidentiality or intellectual property provisions. We can help you by defending you in the legal proceeding and protecting your rights.
We represent employees who have been discriminated against under the Human Rights Code or the Human Rights Act. We can represent you in civil court or at the human rights tribunal/commission.
Employment Litigation: Legal Action Becomes Necessary
Information for Ontario employees considering litigation after severance negotiations or resolution efforts fail.
Employment litigation refers to the formal legal process used to resolve workplace disputes when negotiation is not successful. This can include court claims related to wrongful dismissal, severance disputes, or breaches of employment rights. It applies when an Ontario employee and employer cannot reach a fair resolution through discussion.
No. Litigation is usually a last resort. Many employment disputes resolve through negotiation or settlement once legal positions are clearly set out. Litigation is considered when an employer refuses to act reasonably or engage meaningfully.
Litigation may be appropriate when severance offers are significantly below legal entitlements, when allegations such as cause are improperly made, or when an employer ignores clear legal obligations. It is typically considered after other resolution options have been explored.
Timelines vary depending on complexity and court scheduling. Some cases resolve within months through settlement, while others may take longer if they proceed further. Most matters do not reach trial.
It can be emotionally demanding, especially during an already difficult career transition. Clear communication, realistic expectations, and support throughout the process can make it more manageable.
Costs depend on the scope of the dispute and how far it proceeds. Many matters resolve before extensive court involvement, which can reduce overall costs. These considerations are often discussed early so employees can make informed decisions.
