Tamir Litigation Law Firm Professional Corp - Produits, offres, nouvelles

Articles

Employment Law Essentials What Every Employer Should Know

2025.05.01

Running a business means managing people, and that means managing legal risk. From hiring to firing and everything in between, Ontario employers face a growing web of legal obligations under employment standards, human rights law, health and safety rules, and common law. Mistakes aren’t just costly, they’re avoidable.

Here’s what every employer needs to keep in mind.

1.  Employment Contracts Aren’t Optional

A well-drafted contract protects your business. Without one, courts will assume the employee is entitled to common law notice on termination — often far more than ESA minimums. That means months of pay you didn’t plan for. Contracts should include clear language around duties, pay, termination, probation, and enforceable restrictive covenants if needed.

Bad contracts = expensive exits.

2. Document Performance and Misconduct

You can’t fire “for cause” just because someone’s performance is poor. Termination for cause is a high bar in Ontario. Progressive discipline, documented warnings, and clear communication are key. Paper trails matter — especially when litigation or a Ministry of Labour inspection is on the table.

3. Don’t Wing It on Termination

Wrongful dismissal claims are common — and often preventable. Before you terminate, consider:

  • Is there a contract limiting notice?
  • Is severance required?
  • Is there a human rights issue?
  • Could this be construed as constructive dismissal?

A quick legal consult can save you months of litigation and thousands in payouts.

4. Know Your ESA and OHSA Obligations

Employers must meet minimum standards under the Employment Standards Act — including hours, overtime, vacations, and leaves. You’re also responsible for providing a safe workplace under the Occupational Health and Safety Act, including harassment prevention policies.

These are not optional. Inspectors can and do show up.

5. Handle Accommodation Requests Carefully

When an employee raises a medical or religious accommodation issue, you can’t ignore it — or ask for excessive documentation. The duty to accommodate is real, and getting it wrong exposes you to human rights claims. If in doubt, get advice.


Final Word: Get Advice Before It Becomes a Problem

Employment issues rarely fix themselves. A short legal review at the outset — whether it’s a contract, discipline issue, or planned termination — can prevent months of legal headaches. At Tamir Litigation, we help employers make strategic, compliant, and practical decisions in real time.

F.A.Q.


Do I need written contracts for all employees?


Can I terminate someone for poor performance?


What’s the risk of ignoring a human rights accommodation request?

⚖️ Need Clarity on an Employment Law Issue?

Whether you’re drafting contracts, managing terminations, or responding to employee complaints — we help you make smart, legally sound decisions.

📞 Call 416.499.1676

📧 Email info@tamirlitigation.com

💬 Message us on WhatsApp

Clear advice. Focused action. No guesswork.

CNO Complaint Don’t Panic

2025.05.01

If you’re a nurse and you’ve found yourself on the CNO’s radar, let’s be honest, it’s terrifying. A complaint lands in your inbox, or worse, your manager tells you they’ve reported you. Maybe you made a mistake. Maybe you didn’t. But now your career, your license, and your name are on the line.

At Tamir Litigation, we represent nurses , real people going through some of the most stressful moments of their professional lives. And no, we don’t sugarcoat the process. But we do help you get through it with clarity, strategy, and a plan.


Who’s In Charge of This?

The College of Nurses of Ontario (CNO). They regulate all nurses in the province, RNs, RPNs, and NPs. They investigate complaints, enforce professional standards, and conduct discipline hearings.

A complaint to the CNO doesn’t mean you’re guilty. But it does mean you have to take it seriously. Once the complaint is filed, it’s reviewed by the Inquiries, Complaints and Reports Committee (ICRC). They might ask for a written response. In serious cases, they’ll refer it to a formal discipline hearing.


Allegations We See All the Time

Most nurses facing discipline are not “bad nurses.” But mistakes, judgment calls, and workplace conflicts can lead to major consequences.

Here’s what we see again and again:

  • Medication errors
  • Accessing records for the wrong patient
  • Not following a doctor’s order (yes, this can trigger a report)
  • Charting something that wasn’t done
  • Showing up late or leaving early — and getting accused of time theft
  • Allegations of fraud (sometimes tied to documentation or billing)
  • Practising while impaired
  • Off-duty criminal charges
  • A patient or family saying your tone or care was “inappropriate”

Any of these on their own or in combination can lead to a formal investigation. And once the wheels are in motion, it’s hard to stop them without help.


Let’s Talk About Employer Reporting

Here’s something nurses often don’t know: your employer is legally required to report you in some situations. That includes:

  • If you’re fired, suspended, or put on leave for a professional issue
  • If you resign during an internal investigation
  • If they believe you committed sexual abuse of a patient
  • If they find out you’ve been found liable for professional negligence or malpractice

This is called mandatory reporting, and it happens whether or not you agree with the employer’s version of events. The CNO takes these reports seriously and they can lead to a full discipline hearing.


And Yes, You Have to Report Yourself Sometimes

Self-reporting is another legal obligation. You’re expected to notify the CNO if you’re:

  • Charged with a criminal offence
  • Disciplined by another regulatory body
  • Found liable in a malpractice lawsuit

And no, “waiting to see what happens” is not a great plan.


What Happens at a Discipline Hearing?

If your case goes all the way to a hearing, it’s a formal, public process. The CNO calls witnesses. They present evidence. You (and your lawyer, hopefully) get a chance to respond, challenge, and defend yourself.

If the panel finds against you, possible outcomes include:

  • A reprimand (which becomes part of your public record)
  • Restrictions on your license
  • Suspension
  • Permanent revocation

And yes, your name and the decision get published online. That’s why handling things early matters.


Why Having a Lawyer Isn’t Just “Helpful” — It’s Necessary

Let’s be blunt: you are a nurse, not a litigator. The College has lawyers. The process is legal. The standards are complex. And the consequences are massive.

Responding the wrong way too casually, too defensively, too emotionally can do real damage. You need someone who’s been through this before, who can separate legal risk from noise, and who isn’t afraid to fight when it matters.

That’s where we come in.


You’re Not Just a Name on a File

At Tamir Litigation, we take on select discipline matters for nurses across Ontario. We’ll tell you the truth about where you stand, what your options are, and how to respond. If the CNO is coming after your license, we’re ready to act.


Need to talk? Don’t wait.
📞 416-499-1676
📧 Message us on WhatsApp

Why Employees Should Think Twice Before Using ChatGPT in Workplace Disputes

2025.05.01

 ChatGPT may be helpful for restaurant tips, travel planning, or even writing awkward birthday cards, but it should not be your go-to legal advisor when dealing with your employer.

As an employment lawyer, I’m seeing a rise in employees using AI-generated letters, emails, and legal arguments when challenging their employer. It’s fast, free, and feels empowering. But here’s the problem: it’s also a great way to undermine your own credibility and damage your position ,sometimes permanently.


⚠️ Here’s why ChatGPT can work against you:

1. It Doesn’t Know the Law — It Just Sounds Like It Does

ChatGPT is trained on text, not statutes or case law. It may reference legal terms like “constructive dismissal” or “bad faith,” but it has no idea if they apply to you, or what Ontario courts have actually said about them. The result: smart-sounding nonsense that doesn’t help your case and will signal to your employer that you don’t have legal advice. So it is in fact counter productive unless… you are a lawyer and know the law, and can differentiate facts from AI hallucinations.

2. You Might Accidentally Admit Something

AI doesn’t know your full story and won’t protect you from saying the wrong thing. I’ve seen employees unknowingly undermine their own severance claim or misstate their job duties, all because a chatbot filled in the blanks with plausible-sounding fiction.

3. And most importantly – Your Employer Can Tell

Employers and their lawyers are increasingly aware when something was written by AI. The tone, structure, and vocabulary stand out. It reads like a Wikipedia article with a law degree. Worse, it signals you may be acting without counsel, and unable to advocate for yourself on your own. It makes you quite vulnerable to being dismissed or underpaid.


✅ What to Do Instead:

Do you have to hire a lawyer ? Of course not even though you probably should. BUT: if you are doing this on your own, make sure to communicate with your employer just in a bit more polished way than you normally do. Do your best to stay away from legalese. Use government sites as a resource for current legal obligations for employers and also, yes, for employees. For instance, website of government of Ontario contains lots of practical information on issues related to employer obligations, and employee/ employer rights: https://www.ontario.ca/document/your-guide-employment-standards-act-0/termination-employment.

And ideally, get legal advice before responding to your employer in writing. Even one wrong sentence can affect your compensation, credibility, or legal options. AI won’t fix that, but a clear strategy can.

Tamir Litigation offers discreet, strategic advice tailored to your specific situation, not a generic AI-generated script.

📞 Phone: 416.499.1676

💬 Free chat via WhatsApp: Chat with us

✉️ Email: info@tamirlitigation.com

📍 Office: 600-95 Mural Street, Richmond Hill, ON L4B 3G2, Canada