Employment Litigation and Employer Defence Lawyers

When an employee or former employee brings a claim against your organization, the decisions you make in the first days shape the entire outcome. Achkar Law's employment litigation lawyers defend employers across Ontario and British Columbia: we respond to wrongful dismissal, constructive dismissal, and human rights claims, manage the process through negotiation, mediation, or trial, and protect your organization's position and reputation throughout. We act for employers, not the employees suing them.

What Is Employment Litigation?

Employment litigation is the formal legal process of resolving a dispute between an employer and an employee or former employee, whether before a court or an administrative tribunal. For an employer, it typically begins when a former employee files a statement of claim, a human rights application, or a complaint alleging that a termination or workplace decision broke the law. From the employer's side, employment litigation is fundamentally about defence: assessing the exposure, building the response, and resolving the matter on the best terms available. That is the work we do for organizations every day.

When Your Organization Needs an Employment Litigation Lawyer

Contact an employer defence lawyer as soon as a dispute appears on the horizon. Common triggers include:

• You have been served with a statement of claim for wrongful or constructive dismissal
• A former employee has filed a human rights application against your organization
• You received a demand letter from an employee's lawyer alleging an unlawful termination
• An unjust dismissal complaint has been filed under the Canada Labour Code
• A departing employee is competing, soliciting clients, or has taken confidential information
• You are planning a high-risk termination and want to limit exposure before you act
• A dispute is heading toward mediation, arbitration, or trial

Employer Defence: The Claims We Defend

We defend organizations against the full range of employment claims, in both the courts and the tribunals.

Wrongful Dismissal Claims

When a former employee claims they were not given adequate notice or pay, we assess the real exposure, test the strength of their position, and defend the claim or negotiate a resolution that reflects what your organization actually owes, not the inflated figure usually demanded.

Constructive Dismissal Claims

Where an employee alleges that a change to their role, pay, or conditions forced them out, we examine whether the change was within your rights, whether the employee truly resigned, and how to defend the claim or contain it.

Unjust Dismissal Complaints (Federal)

Federally regulated employers face unjust dismissal complaints under the Canada Labour Code, which can carry the risk of reinstatement. We defend these complaints through the Labour Program process and adjudication, and advise on the federal rules that make them different from a common-law claim.

Human Rights Applications

We defend employers before the Human Rights Tribunal of Ontario and the BC Human Rights Tribunal against discrimination and harassment applications, building the response and limiting both liability and reputational damage. A defensible workplace investigation often makes the difference here.

Termination Clause Disputes

Many claims turn on whether your employment contract's termination clause is enforceable. Ontario courts strike these down often, under Waksdale v. Swegon North America Inc. a single offside phrase can void the whole clause, and cases like Dufault v. The Corporation of the Township of Ignace have tightened the standard further. We defend the enforceability of your clauses and help you fix them prospectively through better employment agreements.

Can an Employer Sue an Employee in Canada?

Yes. While most employment claims are brought by employees, an employer can pursue a claim against a current or former employee in defined circumstances, and we act for organizations doing so. The most common grounds are breach of contract, breach of fiduciary duty by a senior or key employee, misuse of confidential information or trade secrets, and breach of an enforceable restrictive covenant such as a non-solicitation clause. The duties of departing employees, particularly fiduciaries, were addressed by the Supreme Court of Canada in RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.

One important limit in Ontario: under the Employment Standards Act, 2000, most non-compete agreements entered into after October 25, 2021 are void, with narrow exceptions for executives and the sale of a business, so a claim to enforce a non-compete will usually fail. Non-solicitation and confidentiality obligations, however, remain enforceable when properly drafted. We assess whether your organization has a viable claim and the most effective way to pursue it.

How We Defend Employers in Employment Litigation

Assess the claim and your exposure

We review the claim, the employment contract, and the circumstances, and give you a candid read on your real exposure and the realistic range of outcomes, so you can make a commercial decision rather than an emotional one.

Respond and defend

We prepare the formal response, protect the limitation and procedural position, and build the defence on the facts and the law.

Negotiate and resolve

Most employment matters resolve before trial. We negotiate from a position of strength to settle on terms that reflect your actual liability, often far below the opening demand.

Mediate, arbitrate, or litigate

Where a fair resolution is not available, we represent your organization at mediation, before the tribunals, and at trial in the Superior Court, drawing on the full employer legal services behind the file.

Why Employers Choose Achkar Law

We act for employers, and employment litigation is a core part of our practice across Ontario and British Columbia. We understand that a claim is not just a legal problem but a business one, with cost, time, morale, and reputation all in play, and we manage the matter with that whole picture in view. Where a dispute reveals a gap, we coordinate with our compliance and terminations teams so the same problem does not return.

Employer Employment Litigation FAQ

What is employment litigation?

Employment litigation is the process of resolving a dispute between an employer and an employee or former employee through the courts or a tribunal. For an employer, it usually starts when a former employee files a claim or application alleging an unlawful termination or workplace decision. The employer's task is to assess the exposure, respond, and resolve the matter on the best available terms, whether by negotiation, mediation, or trial.

My organization was just served with an employment claim. What should we do?

Contact an employer defence lawyer before responding and before contacting the former employee. Preserve all relevant records, the employment contract, the termination documents, and related communications, and avoid taking any step that could prejudice your position. There are strict deadlines to file a response, and the early decisions strongly affect the outcome, so getting advice quickly matters.

How do you defend a wrongful dismissal claim?

We assess what your organization actually owed on termination, test the former employee's claimed entitlement, and examine whether the employment contract limits it. We then either defend the claim or negotiate a resolution that reflects the real exposure. Because opening demands are usually well above what a court would award, a properly defended claim frequently settles for considerably less.

Can an employer sue an employee in Canada?

Yes, in defined circumstances. An employer can pursue a current or former employee for breach of contract, breach of fiduciary duty, misuse of confidential information or trade secrets, or breach of an enforceable restrictive covenant such as a non-solicitation clause. In Ontario, most non-compete agreements made after October 25, 2021 are void under the Employment Standards Act, 2000, with narrow exceptions, but non-solicitation and confidentiality obligations remain enforceable when properly drafted. We can assess whether your organization has a viable claim.

Should we settle or fight an employment claim?

It depends on the strength of the claim, your exposure, and the cost and disruption of litigation. Most employment matters settle, because a negotiated resolution is usually faster and cheaper than trial, but settling from a weak position invites more claims. We give you a clear assessment of both paths so the decision is a commercial one, made with full information.

How long does employment litigation take?

It varies widely. A matter resolved through early negotiation can close in weeks or months, while a claim that proceeds through the court to trial can take a year or more. Tribunal timelines differ again. We manage the process to resolve your matter as efficiently as the circumstances allow, and we will give you a realistic timeline once we have reviewed the claim.

Speak With an Employer Defence Lawyer

If your organization is facing an employment claim, or needs to pursue one against an employee, tell us what is happening and we will follow up promptly with a clear assessment and a defence strategy. You can also reach us directly at 1-800-771-7882. We defend employers in Toronto, Ottawa, Vancouver, and throughout Ontario and British Columbia.