Employment Claims


Overview of Service

At GBLV LLP, we understand the difficulty to stand up to an employer and advocate for your legal rights whether during employment or at the end of employment. That is why we are here to do that for you.

Although our focus is on personal injury and insurance claims, at GBLV LLP, we understand that with injury often comes with workplace implications. Injury can often lead to unequal treatment, harassment/discrimination and even wage or job loss.

We understand the complicated rules and laws that arise from Ontario’s employment legislation can be confusing. Let us help you understand your legal entitlement when faced with a legal issue in your workplace.

Your legal recovery is our first priority. Our goal is to assist and guide you through the process, providing you with the support of a caring an experienced legal team with the following issues.

Wrongful Dismissal / Termination

If you are the unfortunate victim of a termination for cause by your employer, know that the cause must be justifiable, and that you are entitled to reasonable notice, or termination pay in lieu of notice.

Your entitlement to termination pay in lieu of notice is determined by statute (written law), as well as common law (judge made law). You may be misled to think that your entitlement to termination pay is one week per year of service, but in fact, you may be entitled to much more under common law. Factors set out below will determine your common law entitlement to termination pay.

  • Nature of employment;

  • Length of employment;

  • Your age; and

  • Your ability to find similar employment

Before accepting any sort of compensation package from your employer due to termination, we at GBLV LLP strongly encourage you to give us a call to make sure you are receiving your full legal entitlement to termination pay.

Constructive Dismissal

Employment Insurance (EI), Termination and Severance pay may be available when you are terminated, but not if you voluntarily resign or quit.

A constructive dismissal occurs when an employer acts or omits to act in such a manner that essentially forces you to quit because they have changed your job demands, your wage or have created such a toxic environment for you at your workplace that you cannot reasonably be expected to stay.

A claim for constructive dismissal allows you to claim for termination, severance pay and be eligible for EI, even if you are not actually terminated.

Termination and Severance Pay

In cases of wrongful termination/dismissal, constructive dismissal, or a layoff, you will be entitled to termination and/or severance pay. 

Severance pay is different from termination pay because in addition to termination pay, if your employer has:

  1. Employed you for five or more years (does not have to be continuous employment);

  2. A payroll that exceeds $2.5 milion; or

  3. Terminated or laid off 50 or more employees in a six-month period prior to your termination.

Before accepting any sort of compensation package from your employer due to termination, we at GBLV LLP strongly encourage you to give us a call to make sure you are receiving your full legal entitlement to termination pay.

Discrimination and Human Rights Violations

Legislation in Ontario provides all people employed in the province to a workplace free of discrimination. Discrimination can be in the form of differences in:

  • Wage

  • Hours

  • Job responsibilities

  • Promotion/advancement opportunities

  • Performance evaluations etc.

Discrimination in the above forms can be based on any of these protected statuses:

  • Race / ethnicity / colour

  • Citizenship / place of birth

  • Sex / gender

  • Sexual orientation / gender identification

  • Age

  • Disability

If you have been discriminated against in the workplace, you are entitled to financial compensation for injuries to your identity and dignity.You may also have a right to financial compensation for lost income due to discriminatory practices at the workplace. We at GBLV LLP are ready to help you.

Workplace Harassment

Ontario’s legislation protects you from harassment and bullying in the workplace.

Your employer has a legal obligation to prevent and respond to harassment in your workplace. If an employer or an employee at your workplace is harassing you, and the employer has failed to do anything to prevent and address it, you are entitled to compensation for the suffering you are going through due to the harassment.

At GBLV LLP, we encourage you to give us a call if you believe you are a victim of harassment at your workplace.We are ready to help you protect your legal rights and get you the compensation you deserve

What to do?

  • Take note of all acts or omissions to act, phone calls and/or conversations that constitute harassment, discrimination or caused a toxic work environment for you at your work place.

  • Preserve all documents that you have in writing that would document the harassment, discrimination or causing a toxic work environment for you at your workplace.

  • Take note of any witnesses of the harassment, discrimination or toxic actions.

  • Call GBLV LLP immediately at 905-232-9222, set your free consultation appointment; clarify all your concerns and doubts. You have up to two years to start a claim but if you wait too long you might not collect all the evidence you need to build your case and get the compensation you deserve.

Our approach is different. You are more than a case to us, we care. With empathy and compassion, we are dedicated to using our strengths to finding the best legal outcome for each individual client.