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Lexa is a labour and employment lawyer with experience advising and representing both employers and employees in all aspects of workplace law. Lexa aims to solve any legal problem with creativity, empathy and efficiency. She received her JD from Queen’s University in 2020 where she was awarded the Queen’s Law Prize in Trial Advocacy and was called to the Ontario Bar in 2021.

According to the Public Health Agency of Canada, 15-25% of pregnancies end in a miscarriage. Yet, many employers do not have a plan in place for supporting employees who have experienced miscarriages, stillbirths or pregnancy loss.

Miscarriage can be a devastating experience both physically and emotionally, and providing support and resources to employees during such a time is crucial for creating a positive work environment and inclusive workplace culture. For Canadian employers, it’s important to understand the legislative framework around miscarriage leave and adopt compassionate, supportive policies that comply with provincial and federal regulations.Continue Reading Understanding Miscarriage Leave Entitlements Across Canada

Job abandonment typically occurs when an employee is absent without communicating with their employer for an extended period, leading the employer to conclude that the employee has voluntarily resigned. However, circumstances like medical emergencies or family crises may justify the absence, so employers should avoid jumping to conclusions.Continue Reading Out of Office… Forever? How to Handle Job Abandonment 

Let’s say someone has applied for a job at your business, and the best way for you to assess their suitability for the job is not through reading their resume or conducting an interview, but by observing them while they actually do the job they have applied for.

So, you ask them to come in for one or two “trial shifts”, in lieu of an interview, to see if they’re a good fit. 

Does this “trial period” count as work, and does the candidate need to be paid? Recent changes to the Ontario Employment Standards Act, 2000 (“ESA”) say yes. It’s true what they say: nothing in life is free. Continue Reading No Free Trials: Ontario Employees Need to be Paid for Trial Periods 

Some employee resignations are clear-cut; the employer is provided with a letter of resignation, with an effective date, a signature etc.

However, what about when an employee shouts “I quit!” and storms out of the office, expresses a general dissatisfaction about their job, or that they have received another job offer? Continue Reading Employee Resignations: When is a resignation valid? 

In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?

Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”. Continue Reading Employee Resignations: The Basics

In many industries right now, businesses are fighting not just for clients, customers, and market share but to attract and retain good talent.

If you’ve managed to recruit an employee from a competitor – congrats! But before you put together the onboarding package and schedule the welcome lunch, here are a few steps to take to avoid any potential legal headaches: Continue Reading What to know before you hire from a competitor?

Wage Deductions: Ontario Law Explained

Nobody wants to receive a paycheque that’s smaller than they were expecting, but sometimes, wage deductions are necessary. So, when can an employer make deductions from an employee’s wages? In Ontario, the Employment Standards Act, 2000 (ESA) provides guidelines regarding what deductions are permissible, in order to protect employees and their earnings. 

Employers are generally

When bringing people in to work with your business, the distinction between an “employee” and an “independent contractor” is not just an administrative detail; it carries significant legal implications, particularly in the realms of tax and employment law.

If a court, the Ministry of Labour, or the Canada Revenue Agency (CRA) finds a worker has been “mischaracterized” by being treated as an independent contractor when they are an employee, this can have serious and expensive implications. Continue Reading Navigating the Legal Distinction: Employee vs. Independent Contractor Relationships

The English magician Tony Corinda once said: “Good timing is invisible. Bad timing sticks out a mile”. As employment lawyers, we talk a lot about the “why”, “what” and definitely the “how much” of terminating an employee, but the “when” is a sometimes overlooked aspect.

Some termination timing issues are a question of best practice or common courtesy, while others can attract significant legal liability and can be costly for employers. An employee who is being terminated may not recognize an employer’s considerate timing, but they will certainly recognize inconsiderate timing, and this will make everything go a lot less smoothly. Continue Reading It’s All in the Timing: The Best and Worst Times to Terminate Employees 

On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers,  received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments. 

Mass Terminations Under the ESA:

One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers