Wrongful Dismissal Litigation

Under the Employment Standards Act, an employer does not have to give an employee reasons as to why their employment is being terminated. In most cases, if an employee has been continuously employed for three months or longer, the employer must provide the employee with written notice of termination, termination pay, or a combination of both, to terminate their employment. At times, severance pay may also be required. 

There are statutory requirements under the ESA as to how many weeks of notice and, in some instances, severance, an employee is entitled to. However, in certain circumstances where an employer terminates an employee, that employee may not be entitled to notice of termination or termination pay under the ESA.

Such circumstances apply to employees terminated with cause, construction employees, employees who have been appropriately laid off, employees that refuse an offer of reasonable alternative employment and employees that have been employed for less than three months.

However,  employers must be careful.This is because in addition to the employee’s statutory rights under the ESA, the employer may be liable for significant damages for failure to provide the employee with reasonable notice of termination at common law.

Wrongful dismissal

When Your Business is Facing a Wrongful Dismissal Lawsuit

When an employee is terminated, it is important to make fully informed decisions regarding the merit and consequences of that decision to avoid prolonged litigation. For example, if an employee is terminated for cause but cause is improperly alleged, this could lead to a wrongful dismissal claim with added liabilities. 

It is important that employers are fully informed regarding whether the termination is warranted before alleging cause or taking steps in anger that may expose your business to further damages in the event of a legal proceeding.

How can Zeilikman Law help?

Our experienced lawyers understand the risks involved when terminating an employee or when dealing with a wrongful dismissal proceeding. We can help provide the legal advice and guidance needed to make fully informed decisions to determine if termination is warranted while evaluating the risks to determine the best steps to take. 

In cases of wrongful dismissal litigation, our experienced lawyers can help provide the expert legal guidance needed throughout each step of the process including in negotiating a settlement with the former employee or his or her lawyer or in court. 

Request a consultation today to learn more!

Legal Receptionist

Zeilikman Law is an employment law firm located in Vaughan, Ontario. We are looking to hire a legal receptionist to join our firm. Preference will be given to candidates who have experience working as a receptionist at another law firm.

Location: Vaughan, Ontario.

Start Date: Immediately.

Hours: Monday to Friday, 9 am to 5 pm. Full time. In-person only. This is not a remote work position.

Wages: 35,000 to 40,000 per year.

Duties and Responsibilities:

  • Manage our firm’s multi-line telephone system to receive incoming calls.  Screen incoming telephone call inquiries to determine the nature of the telephone call and provide standard information related to our legal services.  Take and deliver messages and route incoming telephone calls to the appropriate staff person.
  • Answer general inquiries coming from the firm’s social media and website email.
  • Welcome in-person visitors upon arrival.  Direct visitors to the appropriate staff person and / or office or boardroom.
  • Organize in-person visitor schedule to prevent overlap and multiple bookings.
  • Receive, sort, and distribute daily mail and deliveries.
  • Arrange for couriers.
  • Keep front reception, kitchenette area and boardroom tidy.
  • Perform various clerical duties such as filing, photocopying, and faxing on an as-needed basis.
  • Process client or other payments.
  • May be asked to run minor errands outside of office such as attending post office to arrange a courier or pick up mail.
  • May be asked to assist other law clerks or lawyers of the firm as required and as appropriate.
  • Any other basic administrative duties or tasks as deemed appropriate.

Required Skills:

  • Basic knowledge of general office procedures including filing, faxing, and printing and copying.
  • Basic word processing computer skills.
  • Proficient in receptionist and telephone practices, etiquette, and decorum.
  • Professional attitude and appearance.
  • Excellent organizational skills.
  • Positive customer service attitude is a must.
  • Must be able to maintain confidential and sensitive information.

Education and Experience:

  • Highschool diploma or equivalent.
  • 1 – 2 years’ experience in an office setting with an emphasis in accounting, reception or clerical work is required.   We would prefer experience in a law firm environment.

Applications for this position should be sent via email to jennifer@zeilikmanlaw.com. All applications should include a cover letter, resume and at least two references. Only successful candidates will be contacted.