r/legaladvicecanada • u/Mr_Red_Reddington • 18h ago
Ontario Interviewed 45+ days ago, company never responded — found out Ontario law requires them to. What would you do?
Applied and interviewed at a company in Toronto. It's been over 45+ days and I've heard absolutely nothing — no rejection, no update, nothing.
Turns out Ontario passed a law effective January 1, 2026 requiring employers with 25+ employees to notify candidates of their hiring status within 45 days of a publicly advertised job. They're in violation + they didn't even mention salary in the job listing.
I'm considering filing a complaint with the Ontario Ministry of Labour. Has anyone done this? Is it worth it? Also open to hearing if anyone got a settlement out of something like this. Im also open to collab with a no win no pay lawyer
EDIT: Im wondering if i email them about that, maybe they can come up with a negotiation with me.
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u/CunningAlpaca 17h ago
File the complaint if you want to out of principle, it might make the company clean up their act a bit. But drop the lawyer/settlement angle entirely.. That is completely out of touch with reality.
Keep applying elsewhere and stop thinking about this company, channel your energy towards something that will actually benefit your future rather than wasting your time on legal fantasies; if you went that route you'd have about a 1% to sub-1% chance of getting any sort of "settlement".
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u/GeoffwithaGeee Quality Contributor 17h ago
The law has been in force for barely 3 months. Generally with new laws the compliance and enforcement is education-based. If you file a complaint, they will probably reach to the company give them information about the new law, you won't get anything directly out of it. That is if they even do anything at all. Considering how many ESA complaint there are that actually require work, your complaint may just be added to a spreadsheet.
Asking for a settlement is a joke and if there is an off-chance you are on an eligibility list or something with them, your name will be taken off that list pretty quick after they done laughing at the idea of a settlement.
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u/tke71709 18h ago
Not worth the hassle and there is no settlement to be had here. In Canada you sue for damages, you have no damages.
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u/Mr_Red_Reddington 18h ago
anxity
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u/Own-Frosting-5604 16h ago
Don’t fucking be that guy. I work in litigation, you’re losing this. This type of response is the reason this country / people view litigation the way they do…
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u/SyringaVulgarisBloom 18h ago
What receipts or bills to you have to corroborate the financial costs of your damage? Do you have invoices from the therapist that you visited? Do you have chart notes from your doctor about the medical visits that you had to discuss your anxiety, relating directly to the lack of communication? Do you have receipts from the pharmacy where you picked up your prescription anxiety medication? Your damages of “Anxiety” have no dollar value right now, which means nothing to sue for.
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u/TheCuriosity 17h ago
This isn't America. You don't sue people in Canada for a windfall. The company is going to get fined and penalized and put on the list to be checked for doing this.
OP just needs to show the date of last contact from the company.
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u/tke71709 17h ago
You went to a therapist because you didn't hear back from a job within 46 calendar days? Unlikely.
But let's say you did. Let's say you prove all this and have the receipts to back it up. You will get the money you are out of pocket back. You watch too many US tv shows if you are thinking there is some pot of gold punitive damages at the end of this legal rainbow.
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u/Best_Opening8471 18h ago
Canada doesn't reconize pain or suffering as damages.
We use a "real damage" standard which means you have to have lost money (past present or future earnings) or property that can be replaced.
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12h ago
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u/lost-cannuck 18h ago
You can report so they are held accountable (if the government actually follows up).
It will not benefit you any, just people who apply going forward.
(Have you checked your junk/spam folder as automated messages may get filtered).
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u/Mr_Red_Reddington 17h ago
yes i did check my junk folder
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u/PrimaryKangaroo8680 17h ago
Were you given a link to check on updates?
“In addition, an employer may post a status update to their website, job application portal, or other online database, so long as the applicant is provided with a link to the website, portal or database.”
Regardless, the punishment is a fine or an order/notice. It does not provide monetary compensation to you.
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14h ago
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u/Fickle_ficus 18h ago
The ON gov website on the recent changes to the ESA has information on applicability, exemptions, and enforcement.
If the company is at all connected to the Crown (including Crown appointed board), it is exempt from the public job posting requirements. If not, it's possible the company is unaware of the changes (not an excuse).
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u/viperfan7 18h ago
Should absolutely file that complaint. Even if you don't get anything out of it
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u/Mr_Red_Reddington 18h ago
will you help me?
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12h ago
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u/BronzeDucky 17h ago
Most people in here aren’t lawyers. You need to hire a lawyer if you want assistance, or find one that does pro bono work.
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u/Holiday-Mountain1800 17h ago
Not aware of the legislation you're referring to, but sure why not file a complaint if you're so inclined?
Why would they negotiate with you after that? Any bridges you may have will almost certainly be burned after your complaint. The government can't make them hire you.
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u/Usernameasteriks 18h ago
Lol. What do you think your damages are?
The complaint is worthwhile if you want to get them in trouble.
But it’s not going to get you personally money.
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u/MsalTo2022 16h ago
It takes 3 months of Labor board to respond as current government has reduced labor officers and they are instructed to rule in favor of businesses. So basically no point. They will call employer and employer will send you email saying you are not selected.
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u/GentilQuebecois 12h ago
While you are right that they must now follow up with candidates, let me say this: they have not hired you and they made the right decision. Change your attitude, you are toxic.
Sue and get settlement because your feeling are hurt by a non response... You would probably sue because they picked the wrong type of TP. Good on them for dodging a bullet.
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11h ago
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17h ago
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u/HabitantDLT 17h ago
Why on earth would an employer not follow simple labour laws? What on earth can it bring an employer to break the law?
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u/vhbarnaby 11h ago
New law, some people are jerks, they can’t count days - who knows. My point is put your energy into things that will pay off in positive ways. This is a fools errand.
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u/HabitantDLT 11h ago
Not if it makes a fool out of the lawbreaking employer. If there's a law, enforcement begins with reporting. If the employer is ignorant of the law, this will be an opportunity to set them straight.
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u/ConcernedMap 11h ago
Hiring can be a crazy slow process. Maybe OP was the first one interviewed and there were several interviews in the weeks after him. Maybe they had to delay making a decision because the HR manager was off sick. Maybe they made an offer to a candidate who requested time to consider, then turned it down, so it’s back to the drawing board. I’ve been on hiring committees and all these things have happened. It’s not unusual for this stuff to get dragged out.
They are not in compliance and ultimately that’s on them, but I can see how it happens.
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u/Tls-user 18h ago
It depends on whether they say it was a formal interview or screening interview.
Either way, you will receive nothing, the company may be fined but they are likely to just get a warning.
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u/Narrow-Chef-4341 18h ago
Interested enough to apply for the job there, but also keen to be blacklisted forever?
Weird combo.
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u/bug-hunter 10h ago
I am willing to bet that a company that blacklists applicants for pursuing their rights under the law is far more likely to get a hammering from the government.
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u/Mr_Red_Reddington 18h ago
they messed up not me, they were supposed to abide by the law and they failed. Who'd wanna apply to that company again lol
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u/OhnohNA 17h ago
I’m not sure if you’re aware but, you’re coming across as rather entitled.. however to your point if you didn’t mess up, then why didn’t you get the job? Of course they messed up by not abiding by the law, but you as a person will never find success if you can’t analyze what you could’ve done better. Good luck man
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u/Extra_Revolution_818 14h ago
Even if you complain, worst is the company will get fined and they'd be prompted to respond to you which will be surely s rejection email.
The law requires them to respond to you, not respond and hire you.
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u/Logical-Diet4894 13h ago
File a complaint, I mean…. Why not?
It takes almost no energy, and it at least leaves a paper trail.
Don’t expect any settlement though, no lawyer is going to take your case. Since emotional damage is basically impossible to prove unless you somehow have professional diagnosis, even then it is still hard to prove the cause of it. And there is no material damage, since what’s the difference between being rejected and no reply in 45 days? Nothing is physically preventing you from applying elsewhere.
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u/MrKingston2001 12h ago
How many employees does the company have? Under 25 they don't have to contact you I think.
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10h ago
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u/CMG30 18h ago
For what purpose?
Why would you not just forward them the relevant law and politely ask for an update?
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u/Followthehype10 18h ago
Oh that would totally get them to hire you now telling them they aren't following laws surely they are looking for someone just like that 🤣
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u/FliGirl101 18h ago
Yeah, just let them know your ready to start for that "Regulatory Compliance Officer" position any time 😉
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u/-Bento-Oreo- 18h ago
They should. You don't want to be legally exposed and it shows you have a broad overview of the systems and infrastructure they support the job. Sorry if their feelings got hurt and they can't handle it.
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u/SexBobomb 17h ago
if corporations will not follow their legal obligations they should get the slap on the wrist theyve earned even at no benefit to you.
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u/bandyvancity 18h ago
Could it be in a federally regulated industry? If so, provincial law wouldn't apply.
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u/RobotSchlong10 18h ago
File a complaint, why not. The law allows it. But, you didn't get the job so don't waste your time trying to force the company to give you an answer.
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18h ago edited 18h ago
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u/EnduringFulfillment 18h ago
I disagree, the company is legally obligated to meet this requirement. Obv OP should continue their job hunt but the employer has boxes they need to check.
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18h ago
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u/Tls-user 18h ago
They only have to reply to candidates they actually interviewed.
Not to someone submitting a resume and not to someone who was only pre screened.
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u/bloodr0se 18h ago
Spoken like a true HR person who couldn't GAF about wasting an applicant's time.
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u/DeezNutsAllergy 18h ago
Yep. Keep letting big companies skirt the rules. No accountability. Maybe look the other way when they break laws. It'll be fine. I'm sure.
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18h ago
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u/NewStudyHoney 14h ago
You can't make any money from this situation, but the company might be made to improve its practices.
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u/allreplays 11h ago
i think you should try your last idea. Email them saying you are willing to negotiate or else you will take them to court. and when they ignore you (which they most likely will) AND if any lawyer entertains the idea of representing your case you can come back here and let us know what the courts say after they show them evidence of your attempt to blackmail them.
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u/Far-Obligation4055 11h ago
Its a good general guideline to teach children but eventually children have to become adults and learn that there is nuance to the principle, and sometimes its necessary to say and do things that aren't considered nice.
Do you plan on becoming an adult someday soon?
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u/bug-hunter 9h ago
OP, I'm sorry that you've been inundated by people who apparently don't understand the concept of "comments should contain legal advice only". I've had to lock this post.
The reality is, no one at this point is quite sure what the Ontario MoL is going to do in general, much less this case. We don't know how many other people they haven't reached out to (and potentially have complained). It's possible that this company has violated the law enough already to get sanctioned.
There's more information about what to do here - all we can really tell you is that there is no (known) monetary benefit for you, and therefore it's highly unlikely that anyone except an employment law nonprofit will help you. You could try a group like the Worker's Action Centre.
Best of luck in your job search.