Lecker and Associates

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Lecker and Associates We are employment lawyers representing Ontario employees for over 40 years, to ensure employers treat them with dignity, fairness a respect.

Lecker & Associates is an employment law firm in Toronto that has represented employees for over 35 years. We specialize in cases involving wrongful dismissal, constructive dismissal, employment law in Ontario, employment contracts, sexual harassment in the workplace, short and long-term disability claims.

Your department is being eliminated. What should you review before accepting an offer?The Ontario Science Centre recentl...
10/19/2026

Your department is being eliminated. What should you review before accepting an offer?

The Ontario Science Centre recently laid off 30 employees, including its entire science department, as part of a restructuring initiative. The news raises an important question for employees facing similar cuts: what rights apply when your position disappears?

Your rights differ depending on whether you are a unionized or non-unionized employee.

Here's what you need to know:

Unionized employees: Start by speaking with your union representative. The agreement negotiated between your union and employer sets out your rights during a layoff, including whether you can move into another position or be called back to work. Your representative can review what you are owed and explain how to challenge the layoff, including any deadlines.

Non-unionized employees: Do not assume your severance is limited to the minimum amounts required by Ontario’s Employment Standards Act. Your employment contract may affect what you are owed. If it does not legally limit your rights to notice or pay, your age, length of service, position and availability of similar work may support a larger entitlement.

Even when an employer has a valid reason for eliminating your position, its offer may not reflect your full entitlements.

If you are non-unionized, have your employment contract and termination package reviewed before accepting an offer or signing a release.

Book a no-charge initial assessment today.

Losing a long-term position later in your career can make finding comparable employment more difficult. Your age, length...
09/30/2026

Losing a long-term position later in your career can make finding comparable employment more difficult. Your age, length of service, position and availability of similar work may all affect the reasonable notice period.

In Adelman v. IBM Canada Ltd., 2026 ONSC 420, a 59-year-old executive with approximately 18.5 years of service was awarded 24 months’ reasonable notice. The Court considered his age, senior position and limited prospects of securing comparable employment.

This does not mean every employee over 55 will receive 24 months. However, the decision demonstrates why older, long-service employees should not assume the severance offered by their employer reflects their full entitlements.

Download our free guide, Ontario Late-Career Layoffs: A Guide for Employees 55+, to learn what may affect your severance and what to consider before accepting an offer.

https://leckerslaw.com/ontario-late-career-layoffs-e-book/

09/29/2026

Meeting with an employment lawyer for the first time can feel intimidating,
especially when you are already dealing with a stressful workplace situation.

In this video, we explain what you can expect when you meet with our team at
Lecker & Associates.

Book a no-charge initial assessment to discuss your situation.

Your employment contract may not be the only document that determines what you are owed after termination.If your compen...
09/25/2026

Your employment contract may not be the only document that determines what you are owed after termination.

If your compensation includes RSUs, bonuses, stock options or other incentives, the wording of those plans can also affect your severance entitlements.

In Wigdor v. Facebook Canada Ltd., the Ontario Court of Appeal treated RSU agreements incorporated into the employee’s contract as part of the overall compensation framework. The Court found that language ending RSU vesting upon termination violated Ontario’s Employment Standards Act.

The decision confirms that incentive-plan documents cannot be reviewed in isolation or assumed to override an employee’s statutory rights.

Before accepting a severance offer, have your employment contract and all documents governing your compensation reviewed together.

Book a no-charge initial assessment today.

Can an employment contract limit what you receive when you are terminated?In Baker v. Van Dolder’s Home Team Inc. and Li...
09/21/2026

Can an employment contract limit what you receive when you are terminated?

In Baker v. Van Dolder’s Home Team Inc. and Li v. Wayfair Canada ULC, the Ontario Court of Appeal upheld the termination clauses at issue. The Court found that, when each contract was read as a whole, its language reflected an intention to comply with the minimum requirements of the Employment Standards Act (ESA).

However, the Court declined to reconsider Waksdale. This means a termination provision that actually contracts out of ESA minimums may still make all of the contract’s termination provisions unenforceable.

If that happens, the employee may be entitled to common-law reasonable notice instead of being limited to the minimum entitlements in the contract.

If you have been terminated, do not assume the wording in your employment contract is enforceable. Book a no-charge initial assessment before accepting a severance offer.

When should lost stock options or shares be valued after a wrongful dismissal?Recent decisions show that the answer may ...
09/18/2026

When should lost stock options or shares be valued after a wrongful dismissal?

Recent decisions show that the answer may depend on how the employee historically handled their equity.

In the Alberta decision McElgunn v. Vermilion Energy Inc., 2026 ABKB 531, the court used the value on the vesting date because there was no evidence that the employee would have held the shares longer. In Adelman v. IBM Canada Ltd., evidence of the employee’s past practice supported using a value 402 days after vesting.

If equity forms part of your compensation, records of your past transactions may be important to your claim.

Book a no-charge initial assessment today to understand your rights.

The Ontario Court of Appeal has upheld a $78,925 wrongful dismissal judgment for our client, setting an important preced...
09/16/2026

The Ontario Court of Appeal has upheld a $78,925 wrongful dismissal judgment for our client, setting an important precedent for building services employees.

Gazmend Kondaj worked as a building manager at the SoHo Hotel & Residences. When the property management contract moved from Crossbridge Condominium Services Ltd. to Duka Property Management Inc., his employment was terminated. Both companies agreed that he was owed common law reasonable notice. However, each took the position that the other was responsible for paying it. At the time of his termination, Mr. Kondaj received three weeks of statutory termination pay and nothing more.

In Kondaj v. Crossbridge Condominium Services Ltd., 2026 ONCA 636, the Court of Appeal dismissed Duka’s appeal and confirmed that the incoming building services provider was responsible for 10 months’ reasonable notice and lost benefits, not just the ESA minimums.

Lecker & Associates secured this result for Mr. Kondaj. Kimberley Sebag obtained the original judgment, and Ian Hurley successfully defended it on appeal.

When a new building services provider takes over and does not retain you, your termination entitlements may substantially exceed statutory minimums.

Read more about this important decision: https://leckerslaw.com/case-win-kondaj-v-crossbridge/

09/15/2026

Was your job eliminated because of AI?

An employer’s reason for ending your employment does not automatically reduce what you may be entitled to receive. Severance may reflect your full compensation package, including bonuses, stock options and RSUs, not only your salary.

Recent decisions in Wigdor v. Facebook Canada Ltd. and Khatib v. goeasy Ltd. demonstrate that employees may be entitled to compensation for equity affected by their dismissal. In Khatib, this included RSUs and stock options vesting during the notice period, as well as prorated compensation for certain equity scheduled to vest later.

If AI has changed or eliminated your role, do not assume the reason for the termination or the wording of an equity plan determines what you are owed.

Before signing a release, have your severance package and equity plans reviewed by an employment lawyer.

Book a no-charge initial assessment today.

Your employment may end before your RSUs vest, but that does not necessarily mean you lose their value.In Wigdor v. Face...
09/14/2026

Your employment may end before your RSUs vest, but that does not necessarily mean you lose their value.

In Wigdor v. Facebook Canada Ltd., the Ontario Court of Appeal found that language ending RSU vesting immediately upon termination violated the Employment Standards Act. The employee was awarded approximately US$4.7 million for RSUs that would have vested during the 10-month notice period.

This decision does not mean that all RSUs or other equity will continue to vest after someone leaves their job. The result depends on the wording of the employment agreement and equity plan, whether the terms follow employment standards laws and whether they cover the notice period. The outcome can be different in each case.

If you receive RSUs, stock options or other equity compensation, have your employment agreement, equity plan and severance offer reviewed before accepting a severance package.

Book a no-charge initial assessment before accepting your severance package to discuss your options.

Wrongful dismissal damages are usually based on the compensation an employee would have received during the reasonable n...
09/11/2026

Wrongful dismissal damages are usually based on the compensation an employee would have received during the reasonable notice period. However, Silva v. Royal Bank of Canada, 2026 ONSC 3841, involved exceptional circumstances.

The employee proved the employer’s regulatory reporting continued to prevent her from working in her profession, causing an ongoing loss of earning capacity.

Silva was an exceptional loss-of-earning-capacity case. It does not mean that damages will extend beyond the notice period in every wrongful dismissal claim.

If your dismissal has affected your professional reputation or ability to find comparable work, book a no-charge initial assessment today.

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4789 Yonge Street #514
Toronto, ON
M2N0G3

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