When Should I Take Legal Action Against my Employer or Employee?

A violation of the law must be why you consider taking legal action against someone. (It’s not unlawful to be a poor communicator or unfair.) However, you can sue that person when your legal rights have been violated, and it’s crucial to find a specialized employment lawyer.

If you reside in the Oakville, Mississauga, or Milton areas and are considering suing your employer, employee, or for that matter, anyone who has caused you detriment, there is a small team of lawyers who’ve earned a winning reputation, both in and out of court.

We are honoured to have 100% 5-star online reviews.

Rogers & Company Professional Corporation is a group of passionate employment and civil litigation lawyers with a history of outstanding results for our many clients. We also provide notary services for the location areas we serve. 

Would you like more information? We look at several employee/employer topics in our Cornerstone post, Can I Receive Free Employment Advice? 

Are you considering suing your employer or employee?
We’ve compiled a list of instances below that may help you decide your next steps in the process of your litigation considerations.


You can sue your employer when:

Your employer or co-worker is harassing you (and your employer takes no action.) There are different types of harassment, the most common being sexual harassment. 

You have been terminated from your job wrongfully. You cannot be fired as retaliation for being a whistleblower or accepting jury duty. 

Discrimination has taken place. You cannot be discriminated against based on your gender, sex, origin, disability, or religion.

Unauthorized Suspensions are implemented. Employers can only suspend you from your employment where they have a contractual or other established right to do so.  A suspension in other circumstances may constitute a constructive dismissal.

Take advantage of our ‘Free Advice Quick Call’ to uncover your options. 

Call Ethan Rogers at (905) 901 3685.

 You can sue your employee when:

A violation of a non-solicitation agreement has occurred. This agreement prohibits an employee from taking customers from their current employer. Employees have to act in the company’s best interest of their employ.

An employee willfully causes damage to property or a person. Ordinary carelessness aside, if an employee acts outside the scope of reasonableness, they could be sued for negligence or, depending on the circumstances, extreme negligence.

A breach of fiduciary duty is sometimes called a contract breach. When financial loss has occurred because an employee takes a business deal that should have been that of the employer’s, brings the prospective lead to another business or keeps the business lead for their business venture while under your employ, this may constitute a breach of fiduciary duty. 

A No Raid provision has been violated. When an employee persuades co-workers to move as a group to the employer’s competitor, this could be grounds for breach of contract. (That clause must usually be written into the employment contract.)

Defamation has taken place. False statements made by a previous employee that harms the reputation and business of the employer do not need to show a financial loss.

Company resources are used to obtain new employment. Using email addresses to attempt to secure new employment can constitute a breach of contract or possibly theft if it is financially detrimental to the company.

Theft of trade secrets takes place. Trade secrets are the property of the employer. Copying or removing company documents and any data is considered theft.

Employee theft has occurred. Blatant theft of products or holding a product hostage after employment has ended in order to receive compensation or severance pay expected by an employee is considered a form of misappropriation.

Filing deadlines:

In most instances, you must file a claim, prior to the passage of two years since the injury was caused.
Rogers & Company Professional Corporation’s client testimonials help build our reputation to reach the people we know will benefit from our services. 

Please leave us an authentic review if you feel it will help others. (Clicking on or reading some of our online reviews will show you the option to add to our reviews.) 

“We sincerely thank you for the opportunity to help you, our neighbours, in the Oakville, Mississauga, and Milton areas” 

– Rogers & Company Professional Corporation.

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This post was written by oakville_admin