Practice Areas
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Your employer does not need legal “cause”, but it does need to provide you with appropriate notice. Even terminations carried out fairly, and for fair reasons, can lead to significant employee entitlements.
Goldhawk Employment Law can review your severance package to determine whether it is reasoanble.
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A constructive dismissal is a termination in disguise, usually resulting from a demotion, layoff, reduction in pay, or other significant change to working conditions.
Goldhawk Employment Law can help you plan for and execute your constructive dismissal claim optimally.
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Your employer may try to terminate your employment for “just cause”, without notice.
Just cause termination is sometimes described as the capital punishment of employment law. Goldhawk Employment Law can help you determine whether your conduct meets the legal standard for just cause — and if not, to bring legal proceedings.
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Frustration of employment applies where circumstances make your continued employment impossible. If your employer tries to terminate your employment for frustration prematurely or without a reasonable basis, a court may award you damages for wrongful dismissal.
Goldhawk Employment Law can evaluate your frustration case and challenge your employer’s decision that your employment has been frustrated.
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In some provinces (like Ontario), employees whose employment has been frustrated by an illness or injury are entitled to minimums for termination and severance pay. Ontario case law establishes that you have a right to sue your employer for these minimum entitlements if your employment has been frustrated by an illness or injury - even if your employer has not terminated your employment. Goldhawk Employment Law can help you determine whether you have a viable case, and if so, to pursue it.
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All employees in Canada are protected against discrimination on the basis of personal characteristics such as age, sex, ethnicity, religion, and disability, among others. If your employment has been terminated based on any of these protected characteristics, you may have a viable human rights complaint. Human rights violations can lead to steep penalties for employers, up to and including reinstatement plus back pay.
Goldhawk Employment Law can evaluate, prepare, file, and represent you in your human rights complaint, from start to finish.
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No employee is legally required to endure a toxic work environment. Employees have the right to protection agaisnt workplace harassment and to have all legitimate complaints investigated. Failing this, you may have the right to quite and sue your employer for constructive dismissal. Goldhawk Employment Law can help you devise a strategy to protect you from workplace harassment, and represent you in subsequent legal proceedings.
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You are entitled to exercise your rights in the workplace, including employment standards, health and safety, freedom from discrimination on protected grounds, and the right to take protected leaves of absence from work. Unfortunately, sometimes employers seek to punish you for doing so. This may be an unlawful reprisal - in other words, a retaliaiton against you for exercising your legal rights in the workplace.
Employees terminated in reprisal can be entitled to significant remedies, including reinstatement with an award for lost wages. Goldhawk Employment Law can evaluate your reprisal complaint and represent you in legal proceedings.
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Canadian employees in federally-regulated industries such as banking, transportation and telecommunications have special statutory protections under the Canada Labour Code which are sometimes greater than your common law entitlements. If you are an employee in a federally-regulated industry, Goldhawk Employment Law can help you determine whether you are eligible to bring an unjust dismissal complaint.
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The law has little patience for employers who fail to pay wages earned and owing. If you find yourself in this unfortunate situation, you have rights and options, including the right to pursue your employer’s corporate directors personally for unpaid wages. Goldhawk Employment Law can help you find a solution.