What if a client is unable to receive legal advice?
If your client is unable to receive legal advice or is unable to continue receiving legal advice (e.g., can’t afford it, no providers in their area, etc.), there are still some ways you can help them. For example, if your client wants to:
- File a claim with the Ministry of Labour:
- This process can be used if your client’s employment is covered by the Employment Standards Act and they believe their employer violated their rights (e.g., not paying them, firing them, deducting their pay illegally, etc.).
- For information on whether your client’s employment is covered by the Employment Standards Act, see: Are there laws that protect workers?
- Point your client to additional information on the process and help them contact the Pro Bono Ontario hotline or the Workers’ Action Centre at 1-885-531-0778 or 416-531-0778 for free advice. Using this ministry process can affect some of their other legal rights and entitlements, and you should strongly encourage them to speak with a legal professional before pursuing this option.
- They will need to fill out the appropriate claim form and you can help them by writing down what they say and helping them organize any necessary documents. Make copies of the documents and application form and make sure they keep these in a safe place.
- Deadline: Make sure they file the claim within two years of the date of the violation.
- This process can be used if your client’s employment is covered by the Employment Standards Act and they believe their employer violated their rights (e.g., not paying them, firing them, deducting their pay illegally, etc.).
- File a human rights complaint:
- This process can be used if your client believes they have been discriminated against in the workplace.
- Point your client to additional information on the process and help them contact the Human Rights Legal Support Centre for advice.
- They will need to fill out the complaint form and you can help them by writing down what they say and helping them organize any necessary documents. Help them make copies of the documents and application form and make sure they keep these in a safe place.
- Deadline: Make sure they file the complaint within one year of the date they were discriminated against.
- Start a court action:
- This process can be used if your client’s employment was not covered by the Employment Standards Act or in some more complex matters.
- For information on whether your client’s employment is covered by the Employment Standards Act, see: Are there laws that protect workers?
- Court actions typically require the payment of fees and can be a more complicated process than making a claim to the Ministry of Labour or Human Rights Tribunal. It is important your client understands this. Ideally, they should not start a legal action without getting legal advice. They can:
- Talk with a legal service provider for free, for up to 30 minutes, through the Law Society Referral Service or the Pro Bono Ontario hotline.
- Get advice from their local legal clinic if it provides services related to employment issues
- Find a lawyer through JusticeNet
- Look at additional information to help them understand the process and get general legal information
- Deadline: In most cases, a claim must be filed within two years of the incident.
- This process can be used if your client’s employment was not covered by the Employment Standards Act or in some more complex matters.
If your client is still working for their employer and they decide to pursue any of these options, remind them that the law cannot stop their employer from firing them. They should also know that these processes can take many months. If possible, they should try to solve the issue with their employer first.
