Four Years Running
Experience You Can Trust
The experienced Toronto employment lawyers at Lecker & Associates have helped clients resolve disputes with their employers for over 35 years. From negotiating fair severance packages, securing disability benefits and offering strategic advice on employment contracts, to litigating egregious human rights violations and workplace harassment cases, we represent our clients aggressively and with swift efficiency.
Our singular focus is to fiercely defend employee rights.
We operate with deep expertise in this field.
Employment Lawyers
As skilled negotiators, our employment lawyers settle most cases without going to trial. However, we don’t shy away from trials when circumstances demand them. We have accrued deep knowledge and experience to litigate your case from Ontario Small Claims Court, Superior Court, Divisional Court to the Ontario Court of Appeal.
Our Practice Areas
Our experience, crafted over decades of practice, allows us to represent you with excellence.
Some of our services include:
Wrongful Dismissal
A wrongful dismissal, sometimes referred to as an unjust dismissal, is generally about two things. Did your employer dismiss you fairly?
Constructive Dismissal
Constructive dismissal is a very unfortunate by-product of an employment relationship gone sour. It occurs when an employee is unwillingly forced into quitting their job.
Severance Negotiations
Termination notices almost always leave employees shell shocked. While this reaction is understandable, it should not stand in your way of receiving full entitlements as a terminated employee.
Contract Workers
Employers, large and small, prefer hiring contract workers. For years, this practice furnished them with a steady stream of highly qualified and flexible workers while conveniently enabling them to avoid the costs commonly associated with full time, permanent jobs.
Job Layoffs
It well understood that in tough economic times, employers carry higher financial risks than their employees. The law expects them to do everything they can to ride the tide without job layoffs.
Parental Leave
Nobody understands just how precarious job security can feel more than a woman who is pregnant and contemplating her maternity leave. Our laws were written especially to protect you from the time you announce your pregnancy or start showing, through to when you return to work following parental leave.
Workplace Harassment
Workplace harassment is illegal in Ontario. You have the right to work in a safe and healthy workplace under the Occupational Health and Safety Act.
Harassment sometimes escalates to violence if left unchecked. It causes mental and physical health problems and it leads to staff absences. Ultimately, it creates a toxic workplace, ripe for constructive dismissal and wrongful dismissal cases. There is little reason for any employer to stand by and do nothing about it. It benefits nobody.
Disability Benefit Claims
Many Canadian employees enjoy the perks of having short term and long term disability benefits as part of their employment contract. Most people never need them.
Every case we manage is unique and distinctive to the circumstances of our clients. But we see a common theme in all of them. Our clients lack knowledge about their employee rights and entitlements.
We level the playing field
Legal Fees
Are you concerned about your ability to afford legal fees? Do not let this deter you from obtaining your lawful entitlements. At Lecker & Associates, we do not require a retainer up-front for most cases. Instead, we charge a percentage of the settlement we obtain for you.
HIGHLIGHTS FROM OUR BLOG
Ministry of Labour & Ontario Human Rights Tribunal
You can file a claim with the Ministry of Labour or OHRT for free. The administrative procedures are straightforward and retaining an employment lawyer is not compulsory. However, before you decide on self-representation, know that your employer will likely hire professional legal counsel to defend themselves. We strongly recommend you proceed with equal representation yourself, especially if your case is complex, to improve your chances of success.
Furthermore, both the Labour Board and OHRT have limitations. A Labour Board ruling will only allow you to collect the minimums stipulated by law. They do not consider extra compensation you might rightfully qualify to receive under Common Law. Similarly, the Human Rights Code addresses matters of discrimination. Accordingly, they will not award amounts for lost wages, severance pay, bonuses, etc.
Our employment lawyers only take on your case if we believe we can get you more than what the Labour Board and OHRT might award.
NOTABLE CASES
The Keenan Case
The Keenan Case represented a watershed moment for contract worker rights. The judge recognized them as a new class of workers, the Dependent Contractors, with rights no different from employees.
The Keenan’s received the highest-ever compensation awarded to contract workers dismissed without compensation in Canada. And this case directly influenced changes to our employment laws.
FREQUENTLY ASKED QUESTIONS
Employees applying for jobs at Canadian subsidiaries of U.S. corporations should review their employment contracts closely. We often find at will termination clauses which supposedly allow employers to fire employees without notice. First of all, our laws completely prohibit such clauses . In this matter, there is little room for a Canadian employer to maneuver. They must offer notice or severance pay in lieu to employees. If you must sign such a contract to land the job, consult with one of our lawyers. In almost all cases, our courts will consider the clause void when taken to trial.
You remain an employee of the company when you are on disability leave or parental leave. You may return to your original or one comparable to it. Your employer cannot fire you for being on leave. And if they do, then they must prove that it was for reasons unconnected to your leave. Our courts will demand evidence and the bar is set very high, indeed.
If your leave extends beyond two years, your employer can fire you by declaring the employment relationship “frustrated”. And in this event, you should consult with one of our lawyers.
When your employer decides to let you go they must offer you fair notice that your job is ending. You can use this time to look for alternative work while earning a salary.
Alternatively, your employer can offer you severance pay in lieu of this notice period. The Employment Standards Act outlines the minimum standards for notice and severance pay. However, if your employer terminates you without cause, then you could be entitled to more than the minimum. The circumstances of your employment come into play to determine the fairness of your severance package, such as your age, your position, length of service and how long it will take you to find another job. If you are close to retirement and at a senior point in your career, chances are you will find some challenges to land an equivalent job any time soon. And in this case, your severance should be much higher than the minimum. Contact us before you sign any termination contract to ensure you don’t leave money behind.
This sometimes occurs when new owners take over a company with existing employees. They start announcing the “new order” and all of a sudden the terms of your employment change. This includes seniority, job descriptions, location and hours of employment, etc. It may even include wage cuts. If these changes are necessary for the survival of the business then your boss has to provide you with options. He cannot unilaterally change the terms of your employment.
In exchange for the wage cut, they should offer you equivalent “consideration”. Examples are more vacation time, signing bonuses, reduced hours etc
If these changes are not acceptable to you, then your employer must offer you an adequate severance package to end your employment relationship.
This is one of the most contentious employment issues of our times. Lecker & Associates fought a precedent setting case which clarified laws that remained open to interpretation before. If you are a true “Independent Contractor”, then you must remain fully in control over your work assignments. Essentially, you would operate like a business. Many project based contractors operate in this manner. They pay their own taxes and generally use their own resources (tools & equipment, etc.); they can set their own hours and also hire employees to complete portions of the work. Often, fees charged by contractors are higher than wages for hourly employees.
Any other type of arrangement is likely that of a “dependent contractor”. They may be skirting the law. They might be avoiding paying out your CPP, EI and severance benefits. Contact one of our lawyers for an assessment of your case.
Client Testimonials
What our clients are saying
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Maria Esmatyar is definitely an amazing lawyer. She was very approachable and understanding from the start, and put us at ease as we transitioned months of work with another law... read more
Rose Coutinho
I always endeavor to write honest reviews, good or bad, regarding my experience from a myriad of services. I have recently had the good fortune and pleasure of working... read more
Dany Oghia
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Jordan and Ashley were amazing to work with. They made an extremely stressful situation much easier to manage with their knowledge, insight and advice. They were very diligent,... read more
GL
I engaged with Jordan Reiner and Ashley Hussey who both did terrific work. I'd strongly recommend them.
Justin Abraham
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I like to express my sincere gratitude to Leckers Law. especially Jared lecker he was so professional, responsive and always made me feel as comfortable as possible throughout my... read more
H.Mithai
My consultation with Shira Levine over the phone was nothing short of exceptional. Despite not meeting in person, Shira's expertise, meticulousness, and professionalism shone through. She provided clear, insightful advice... read more
Hussein Raed
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Few months ago, I came on Google to research a good law firm I can use for my employment issues. I came across Leckers and Associates, dug into... read more
Ibrahim Adeshola
I can’t say enough good things about Leckers Law. They were so professional, responsive, proactive, and always made me feel as comfortable as possible throughout the process. I highly recommend... read more
Farishta Hamidi
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Leckers Law have very supportive and very professional educating me in all aspects of my case. Nathan and Shira are just awesome to deal with and they are always very... read more
Rodrigo Parreno
I had done work with Matthew and Eslita almost a decade ago and when the need arose recently for their guidance, they were both there again. They took the... read more
Michael Doerrie
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It is my pleasure to recommend whole heartedly Lecker Law Toronto. My dealings with the firm and its personnel was always professional and yet personable. Matthew Fisher and... read more
Bradley McCallum
This team did a fantastic job of getting me a generous settlement, really appreciate the level of service, professionalism, instruction from the folks at Lecker and associates
Michael Gousis
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I was recently let go after 24 years of service in the wine business. A friend and former colleague referred me to Jordan Reiner and Ashley Hussey. Jordan... read more
P Henderson
I engaged with Matthew and Eslita at Leckers and Associates to assist me with a termination matter. I was impressed by several aspects of my dealings with them most... read more
Jason Walters
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Ian Hurley at Leckers Law helped me with an employment matter, and I was exceptionally happy with my experience with his expertise and recommendations. He walked me through the process,... read more
Aaron Gerlach
I engaged with Matthew and Eslita at Leckers and Associates to assist me with a termination matter. I was impressed by several aspects of my dealings with them most... read more
Jason Walters
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Maria Esmatyar was informed, efficient and compassionate when helping me navigate my employment matter. Her professionalism was much appreciated, as was the timely assistance of Jass Pakirimasy. I highly recommend... read more
J Alaan
I would recommend Leckers for their quick response and professional service.
Jack Qu
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My experience with Matthew Fisher and Eslita Ramkishun was excellent. They were both responsive and professional and able to guide me through my case, ensuring I understood my rights and... read more
Michael Weisdorf
I highly recommend the use of Lecker & Associates as your employment lawyers. Employment severance is a very stressful time in one's life. What is important is to have... read more
Anthony Wright
Speak With Experienced Toronto Employment Lawyers
Awareness of Your Rights Offers You the Power to Level the Playing Field With Your Employer.