Understanding the Employment Standards Act

In 2000, the government set forth the Employment Standards Act. This is a set of rights and regulations that employers are obliged to follow in most Ontario workplaces.  The majority of employees and employers in the province of Ontario are meant to be compliant with the Employment Standards Act. The Act was put together in order to protect the rights of workers, and to uphold and maintain certain standards of dignity for the employed in Ontario.

Some of the provisions of the act lay out wage standards, the allowable maximum hours per week, and guidelines for the health and safety of workers in a variety of industries ranging from office workers to fast food servers. The purpose of the Act is ultimately to protect the collective and individual human and workers’ rights in Ontario, making it more difficult for employers and employees to neglect to comply basic standards of conduct. Some of the previously neglected standards set forth by the Act include guidelines for maternity and parental leave, public holiday rights, and equal pay for equal work.

How do you know if your employer is part of the scheme? Just ask your HR manager. Be aware, however, that some employers are not covered. These include:

-Federal employees, like those working in banks, in the federal civil service, at post offices, in airlines, or in the railroad system
-Those employed at a applied arts or technology university work program
-Community participation members who are operating under the Ontario Works Act of 1997
-Police force members
-Those taking part in incarcerated rehabilitation programs or inmates
-Elected officials

Whether you are covered or not by the Act, it’s important to remember that all workers are subject to being treated by Ontario’s basic human rights provisions. Working with dignity and the proper benefits at a fair wage are not luxuries. That is why it is especially important to understand your rights – but also to take action when you feel that your rights are being invaded or ignored.

When you suspect that you might be the victim of a violation of the Employment Standards Act, your first call should be to a knowledgeable lawyer, such as those under the employ of Share Lawyers. We can help to ensure that you are given the benefits, both monetary and otherwise, that you are entitled to. All you need to do to access our expert legal team is to visit www.sharelawyers.com.

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How to Tell If You May Have Been Wrongfully Terminated From Employment

Being terminated from a job, no matter the conditions, can be a trying time both emotionally and financially. If you feel that you have been unjustly fired, the toll it takes can be even harder. You may find yourself second-guessing the reasons that you have been let go, and if that’s the case it very well might be that you are right in thinking that the terms under which you were asked to leave weren’t entirely legal. That is the time to take the following steps:

1.Re-read your contract or other written statement from your employer. When you do so, look for language that states the terms and conditions upon which you can be terminated. Many employment contract have a clause that states that you are not able to be fired without stated good cause, or for reasons explained elsewhere in the contract such as violating a nondisclosure policy that the company has also had you sign. Written promises are often enforceable in a court of law, so it’s important to retain any signed contracts you receive from any employer.

2.Remember that implied employment contracts count, too. There is something called an “implied contract” which stems from the concept of the “gentleman’s agreement.” These verbal contracts are sometimes harder to prove than the written contract, but are no less binding. These agreements, based on things that your employer has said and done, can and often do imply continuous employment. To protect yourself, or to build a case once you may have been wrongfully terminated, try to keep or gather records of the length of your employment, information on promotions, any performance reviews, or any materials like an employee manual that might employ the cancelation of an implied promise from an employer to you.

3.Look out for breaches of good faith and fair dealing. It is also somewhat common for employers to mislead workers, whether contracted verbally or in writing, about the opportunities for advancement in hiring or pay. If this is the case, you may have an opportunity to prosecute on the grounds that you have been mislead and that your time or safety has been excessively compromised as a result. Remember that you are entitled to fair pay and safe working conditions at any job.

4.Understand that terminations are sometimes still based on discrimination. It’s a sad fact that even in our modern world that discrimination and termination based on it are still working against people. Employers may terminate—or fail to hire—workers based on illegal discrimination factors, including race, color, national origin, religion, age, gender, disability, or even genetic information.

If you come to the conclusion that you have been wrongfully terminated, your next step is to retain a lawyer to represent your interests. At Share Lawyers, you will pay no money for legal services unless the case is settled in your favor. To start, visit www.sharelawyers.com.

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