I was fired after my boss stopped responding to me. How can I get legal help for constructive dismissal?

This blog was originally published in the Globe & Mail on June 4, 2024

I was fired with cause from my remote part-time job. I received no termination pay. A month prior to my dismissal, my boss hadn't been responding to any of my messages, including sign-offs for important work, which meant that I couldn't do any work. I've been told by legal professionals that I have a clear case for constructive dismissal, but no one could help me because they were too busy. Someone at a legal helpline suggested I go through small claims court. I just need to find someone who will look at my evidence to confirm I have a good case, and advise me on the process of filing a claim and how much to claim for, but everyone has turned me down. What should I do? 

As your query indicates, affordable and effective access to justice remains a significant problem for many Canadians. However, various private and publicly funded services can help with employment law advice. All the services mentioned below can be found easily through an internet search.  

You should seek legal advice on filing an Employment Standards claim as a potentially more efficient and cost-effective way to resolve your matter than a small claims court action.  

Private sector lawyers are typically pleased to provide legal advice for a fee; this is, after all, how we earn our livelihood. Some lawyers may decline cases requiring only brief services; such lawyers should honor their professional obligation to provide an appropriate referral. Many firms and solo practitioners offer “unbundled” services and consultations as an integral part of their practice. You may want to narrow your search to such lawyers. 

Outside of the private bar, you can contact the Law Society of Ontario’s Referral Service for lawyers that provide unbundled services. Some lawyers on this roster may also offer up to 30 minutes of free legal advice. 

JusticeNet is a not-for-profit service with a roster of lawyers providing affordable rates for Ontarians with modest incomes. Income verification may be required to qualify for these “low bono” services. 

Pro Bono Ontario coordinates volunteer lawyers who can provide up to 30 minutes of employment law advice free of charge. 

The publicly funded Human Rights Legal Support Centre provides free legal advice for employment cases involving discrimination under the Human Rights Code. 

Finally, Legal Aid Ontario funds free employment law services through community legal clinics for lower-income Ontarians. Proof of low income is required to be eligible for these services.

The above is provided as general information only. Questions related to terms of employment and constructive dismissal may involve complex legal issues. Contact us today if you would like to consult with our lawyers.