Stacey Reginald Ball
Leading Employment Lawyer Toronto
Stacey Reginald Ball is a nationally known and consulted practitioner in the area of Canadian employment law and labour law. He specializes in wrongful dismissals, and has offices in Toronto, Ontario. He is considered to be one of Canada’s best and leading lawyers in the fields of employment law and wrongful dismissal. Mr. Ball is the author of the leading treatise Canadian Employment Law. Mr. Ball has been winning counsel in many of Canada’s leading employment law cases at all levels of court, including the Supreme Court of Canada. Mr. Ball is a former employment law professor at Osgoode Hall Law School and the Faculty of Law at Western.
Stacey is a former employment law professor at both Osgoode Hall Law School and the University of Western Ontario Faculty of Law. Ball Professional Legal Corporation’s practice includes wrongful dismissal, unjust dismissal, human rights, workers’ compensation, post employment competition, restraint of trade, fiduciary obligations, labour law, sexual harassment, employment contracts and various related areas of litigation.
Wrongful Dismissal Lawyer
Have you been recently terminated from your job? This happens to almost everyone at some point in their lives, but that does not make it any less stressful or frustrating. It is important to contact a legal professional who can tell you whether the termination was legal or if it a case of wrongful dismissal. Wrongful dismissal can take many different forms. For example:
- If your employer terminated you without cause, and they are refusing to give you reasonable notice.
- If your employer is claiming there is just cause to fire you, but you disagree with their reasons.
- If your employer has changed some part of your job, so that you’re not even doing the work you agreed to do (see Constructive Dismissal).
Being fired is always difficult. Trust the experts at Ball Professional Corporation to protect your rights and help yourself move on to new and better opportunities.
Types of Cases – Employment Lawyers Toronto
Unjust dismissal is a special remedy from the Canada Labour Code that may be available if you are both a (a) federally regulated and (b) non-unionized employee who has been improperly terminated. Common industries include airlines, banks and railways. The point is to protect you from arbitrary dismissal. Your employer either has to have a valid reason to terminate you or there must be a discontinuance of the job function.
Unjust dismissal is a powerful remedy that is not available in every situation. If you believe your employer has terminated you without good reason, don’t delay and contact Ball Professional Corporation. Our experts can advise you on whether you should proceed with adjudication under the Canada Labour Code or you should begin a wrongful dismissal lawsuit.
Just Cause For Dismissal
It is a serious situation if your employer has fired you for “just cause”. When an employer terminates an employee for “just cause”, they are claiming they have a legitimate reason to terminate them. Basically, they need to show some proof of “gross misconduct”. This is a big deal, because an employee who is legitimately fired for “just cause” is not entitled to any termination or severance pay. Common behaviors that might count as gross misconduct include theft, fraud and violence.
If you disagree with your employer’s reasons and think you are being treated unfairly, contact the professionals at Ball Professional Corporation. We can help you to challenge the termination if your work behavior did not warrant being terminated for “just cause”, the capital punishment of employment law.
Everyone deserves a workplace free of harassment, including sexual harassment. Unfortunately, sexual harassment is still extremely common in the workplace. Sexual harassment can range from verbal comments to touching to sexual assault. If you have experienced any form of sexual harassment, you should speak to us about your options. Employers are supposed to develop policies to protect workers against sexual harassment, but oftentimes the policies are either not strong enough or they are ignored completely.
If you have experienced sexual harassment in the workplace, contact Ball Professional Corporation for assistance. We can help you file a Human Rights Complaint or pursue a civil lawsuit for a tort like assault or constructive dismissal. You have options and we can help you choose the best one that compensates you for the harassment you suffered and that lets you move forward in your job and in your life.
Employers often try to include termination clauses in your employment agreement. If a termination clause is enforceable, it will limit the amount of “reasonable notice” that you receive if you are terminated. Many employees accept these termination clauses at face value, which comes back to bite them if they are ever fired. Look out for your best interests and consult with Ball Professional Corporation before you make the same mistake!
If a termination clause is not enforceable, you may be entitled to the notice period that is calculated according to the common law. This amount is usually much higher. Whether you are signing a new contract and you want advice on the enforceability of a termination clause, or you have been terminated and you want help fighting the termination clause after the fact, we are here to help.
In Ontario, most employees can be terminated “without cause”. This means that for some reason or another, your employer has decided to let you go. When this happens, your employee has to provide you with the appropriate amount of “notice” or “pay in lieu of notice.” For example, you could receive 4 weeks of “notice” or 4 weeks of “pay in lieu of notice”, so you don’t actually need to keep coming into work for those 4 weeks. The amount depends on many factors, and it’s important because it will also affect any “severance” that you may receive.
Everyone is entitled to the minimum notice provided by the Employment Standards Act. Knowing this, employers often try to limit the amount of reasonable notice to this minimum, so they do not need to provide the common law notice period, which can be much higher. You may be entitled to more than you are told, and we at Ball Professional Corporation can help you tell. Contact us if you are signing an employment agreement, where we can review any termination clause, or if you have been recently terminated and want to make sure you are being properly compensated.
Non-Competition / Non-Solicitation
If you are signing an employment contract, you may find that it contains a Non-Competition or Non –Solicitation clause. An employer may even want you to sign a separate Non-Competition or Non-Solicitation Agreement. This is quite common, but that doesn’t mean you should take it lightly! Non-Competition clauses or agreements prevent employees from working with an employer’s competitor for a specific period of time. In other words, it may prevent you from finding work after you have moved on. This can be a real problem that causes lots of stress, especially if you work in a specialized field with few job opportunities that are physically close to you.
Non-Solicitation clauses or agreements are similar, but they try to prevent departing employees from poaching former customers, clients, suppliers or coworkers. These types of agreements are legal if they are “reasonable”. To decide whether an agreement is reasonable, courts will consider the length of the restriction, the geographic scope and whether the restriction was even clear. Contact Ball Professional Corporation for advice if you are being asked to sign a non-competition or non-solicitation agreement. It could have a big impact on your future career prospects, so please don’t hesitate to reach out.
If your employer has significantly changed the terms or conditions of your job, you may have experienced a constructive dismissal. Examples of changes include change to your compensation, your title, your job duties, your office location or the hours that you work. By changing some aspect of your job, the employer has essentially terminated you.
Constructive dismissal is like a type of wrongful dismissal. You may be eligible for damages if this happened to you, or we can help to negotiate an exit package that fairly reflects your situation. Don’t delay in contacting Contact Ball Professional Corporation to help determine whether you have been constructively dismissed.
Employment litigation can be extremely complex area of labour law. Professional legal advice should be sought at an early stage to help you win your case. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.
Additional Articles About Employment Law
Mr. Ball is Author of a Leading Treatise in the Area Canadian Employment and Labour Law
Published by Canada Law Book, he is routinely contacted by lawyers, employers and employees across Canada for advice in the area of employment and labour law. His work has often been favourably quoted and cited by superior courts in every province and the Supreme Court of Canada. Stacey Ball has extensive experience in the areas of wrongful dismissal, human rights, restraint of trade and post employment competition, sexual harassment, fiduciary responsibilities, defamation, workers’ compensation, employment contracts, injunctions, and appellate advocacy.
Mr. Ball has appeared before courts and tribunals including Supreme Court of Canada on employment law issues. In these cases, he has successfully dealt with issues concerning human rights (including sexual harassment), employment standards, workers’ compensation, unemployment insurance, and labour relations.
Learn about Mr. Ball’s professional recognition and hear what his clients have to say!
Canadian Employment Law
Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.
EMPLOYMENT AND LABOUR LAWYER CONSULTATION
A significant part of our practice is dedicated to meeting with clients to determine rights and remedies that they may have in the employment law context. We endeavour to meet you in a timely and prompt manner to assist you with your concerns. A consultation may be useful in a number of instances:
1. Has the Employer offered you a sufficient termination package? Given our expertise we can tell you accurately and in a forthright manner whether the package being offered is fair. Entire sections of Stacey Reginald Ball‘s text Canadian Employment Law deal with indicia and criteria the Court uses to assess reasonable notice at common law.
2. Is there just cause for dismissal? Our firm can tell you accurately if the employer had sufficient reason to terminate you without proper notice or severance. Was there sufficient insubordination or insolence to justify cause for dismissal? Did the employee receive sufficient and adequate warnings? Was there a conflict great enough to warrant dismissal? Was the employee’s absenteeism sufficient to warrant
summary dismissal? Was the employee allowed to make plans to compete as opposed to actively competing while working for the employer?
3. Whether there was cause for summary dismissal is nuanced, and the Court requires a contextual approach. We can advise you accurately of the factors that the Court has considered in the past in determining whether or not there was sufficient cause to warrant summary dismissal.
4. What steps can you and should you take before leaving your employer? How much notice are you required in law to give to the employer? Are you allowed to take steps to compete? What documents belong to the employer and what documents made in the workplace belong to you?
5. Is the restrictive covenant and non-competition agreement you signed enforceable? Are you a fiduciary and hence have limitations in what you can do in post-employment competition? Has your former employer threatened you with legal proceedings or an injunction for post-employment competition or activities?
6. Has your employer changed your job, job functions, duties, pay or title? Has the employer engaged in unfair and abusive conduct against you making the workplace intolerable? Are you being micro
managed? Are you receiving false and unfair criticism? If so, you may be being constructively
dismissed. Ball Professional Corporation routinely negotiates and if necessary prosecutes constructive dismissal claims.
7. Do you wish to leave employment because of the employer’s conduct (misconduct), changes in the employment relationship or the creation of intolerable conditions? If so, we may able to assist in negotiating a separation package.
8. Are you facing workplace harassment, sexual harassment or being discriminated against contrary to human rights legislation and occupational health and safety workplace harassment legislation?
9. Is your Union representing you fairly and properly pursuant to their obligation of fair representation under labour legislation?
10. Are you a federal jurisdiction employee (e.g. Bank, Railway, Airline, Broadcasting, Telecom, etc.), hence entitled to re-instatement with back pay under the Canada Labour Code?
11. Do you anticipate problems with the employer? If so, we can advise on steps and counter measures you can take in order to either preserve your job or obtain a fair resolution?
WE ARE HERE TO HELP
Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit.
Prohibits discrimination on the basis of sex, gender, age, national origin, sexual orientation, and medical handicaps (conditions).
The existence of sexual harassment in the workplace is still quite common despite social unacceptability.
Bad Faith Discharge
Employers are obligated by law to treat their employees fairly and to act in good faith.
“Severance” at common law is tied to the amount of termination notice an employee should be given.
Situations where an employee has not been dismissed but their employment has changed significantly..