Regulated Professions
Lawyers for Long-Term Care Home Operators in Ontario
Employment Lawyers for Long-Term Care Home Operators
Long-term care home operators in Ontario face some of the most complex employment law challenges in the healthcare sector. Between the Fixing Long-Term Care Act, 2021, mandatory staffing requirements, Ministry inspections, and heightened scrutiny around workplace conduct, LTC employers need legal counsel who understands both employment law and the regulatory environment unique to this industry.
At Greenwood Law, our Ontario employment lawyers provide strategic legal support to long-term care home operators navigating workforce compliance, workplace investigations, and employment disputes, helping you protect your operations while meeting your obligations under provincial legislation.
The Greenwood Law Team
Greenwood Law provides employment law counsel to long-term care home operators and regulatory defence to LTC administrators and healthcare professionals across Ontario. When workforce disputes escalate or your operations face Ministry scrutiny, we bring strategic, experienced representation.
Employment Law Services for Long-Term Care Home Operators
Our employment lawyers advise LTC home operators on the full spectrum of workforce legal matters, including:
- Employment Contracts & Templates – Drafting and reviewing contracts for nurses, PSWs, allied health professionals, and administrative staff that comply with both the Employment Standards Act, 2000 and sector-specific requirements
- Workforce Restructuring – Legal guidance on layoffs, mass terminations, and organizational changes while managing constructive dismissal risk
- Workplace Compliance & Policies – Developing policies that satisfy FLTCA requirements, including abuse prevention, mandatory reporting, and documentation obligations
- Workplace Investigations – Conducting or advising on investigations into staff misconduct, resident abuse allegations, and workplace harassment complaints
- Staffing & Regulatory Compliance – Navigating PSW qualification requirements under Ontario Regulation 314/23, direct care hour targets, and restrictions on agency staffing
- Employee Benefits & Pay – Addressing compensation disputes, wage enhancement programs, and benefits administration
- HR Advisory & Training – Training leadership teams on performance management, progressive discipline, and accommodation obligations
- Workplace Restorations & Reconciliations – Rebuilding workplace culture following investigations or high-conflict situations
- High-Conflict Exits – Managing terminations involving potential wrongful dismissal claims, whistleblower protections, or regulatory implications
Workplace Defence for Long-Term Care Professionals
We also represent administrators, directors of care, nurses, and other LTC professionals facing workplace allegations or regulatory scrutiny:
- Sexual Harassment Allegations – Defence against complaints under the Occupational Health and Safety Act and internal policies
- Workplace Harassment & Assault – Responding to allegations involving residents, families, or co-workers
- Fraud & Financial Misconduct – Defence against allegations of embezzlement, theft, or breach of trust
- Regulatory Defence – Representation during Ministry of Long-Term Care investigations, compliance orders, and enforcement actions
- Professional Discipline – Supporting regulated health professionals (RNs, RPNs) facing College complaints arising from workplace incidents
Hear From Our Clients
Protecting Your Operations, Preserving Your Standards
We protect long-term care home operators and healthcare professionals across Ontario, providing strategic legal guidance to safeguard your operations, maintain regulatory compliance, and ensure workforce stability in one of the province’s most scrutinized sectors.
Table of Contents
Hear From Our Clients
Protecting Your Operations, Preserving Your Standards
We protect long-term care home operators and healthcare professionals across Ontario, providing strategic legal guidance to safeguard your operations, maintain regulatory compliance, and ensure workforce stability in one of the province’s most scrutinized sectors.
Why Long-Term Care Operators Choose Greenwood Law
Sector-Specific Knowledge
We understand the Fixing Long-Term Care Act, 2021, Ontario Regulation 246/22, and how Ministry inspections intersect with employment decisions
Workplace Investigation Expertise
We have extensive experience conducting and advising on workplace investigations in highly regulated environments.
Dual Perspective
We advise both LTC operators as employers and individual professionals facing allegations, giving us insight into how these matters unfold from all sides
Proactive Risk Mitigation
We help you address compliance gaps and employment practices before they become Ministry findings or litigation
Frequently Asked Questions
What employment law obligations do long-term care home operators have under the Fixing Long-Term Care Act, 2021?
The Fixing Long-Term Care Act, 2021 (FLTCA) imposes specific workforce requirements on LTC operators beyond standard employment law obligations. These include maintaining minimum direct care hours (4 hours per resident per day as of March 2025), ensuring staff meet qualification requirements under Ontario Regulation 314/23, limiting use of agency and temporary staff, and implementing mandatory training on abuse prevention and reporting. Operators must also comply with whistleblower protection provisions that prohibit retaliation against staff who report concerns to the Ministry.
Can we terminate a staff member who is under investigation by the Ministry of Long-Term Care?
Terminating an employee during or after a Ministry investigation requires careful legal analysis. While employers generally retain the right to terminate for cause or without cause (with appropriate notice or pay), the FLTCA contains anti-retaliation provisions protecting employees who report concerns or participate in investigations. A termination that appears connected to an employee’s protected activity could expose the operator to complaints, litigation, or Ministry scrutiny. We recommend obtaining legal advice before proceeding with any termination involving Ministry involvement.
How should we handle a workplace investigation when the allegation involves resident abuse?
Allegations of resident abuse trigger specific obligations under the FLTCA. Operators must immediately report suspected abuse to the Ministry of Long-Term Care, notify the resident’s substitute decision-maker, and conduct an internal investigation. The investigation must be thorough, documented, and compliant with both employment law principles (procedural fairness for the accused employee) and regulatory requirements. Given the potential for Ministry inspection, professional discipline proceedings, and even criminal charges, many operators engage external legal counsel to conduct or oversee these investigations.
What are the risks of using too many agency or temporary staff in our long-term care home?
The FLTCA requires operators to limit use of temporary, casual, and agency staff to maintain workforce stability and continuity of care. Excessive reliance on agency staff can trigger Ministry compliance concerns, affect inspection outcomes, and create challenges meeting direct care hour targets. From an employment law perspective, heavy agency use can also create co-employment risks and complicate workplace culture. If staffing shortages are driving agency reliance, we can advise on recruitment strategies, employment contracts, and retention approaches that comply with both employment standards and LTC regulations.
An employee is claiming constructive dismissal after we changed their schedule to meet direct care requirements. What should we do?
Changes to employee schedules, hours, or duties to meet FLTCA staffing requirements can trigger constructive dismissal claims if the changes are significant and unilateral. Whether a change constitutes constructive dismissal depends on factors including the employment contract terms, the magnitude of the change, and whether reasonable notice was provided. Operators should review employment agreements before implementing changes and consider whether modifications require employee consent or contract amendments. If a constructive dismissal claim has been made, contact an employment lawyer promptly to assess your options.
Contact Greenwood Law
Whether you’re managing a staffing compliance issue, responding to a Ministry investigation, or navigating a complex termination, our Ontario employment lawyers are here to help. Contact Greenwood Law for a consultation.
Areas We Serve
At Greenwood Law, we proudly serve clients across Ontario & throughout Canada, including:
