Regulated Professions
Lawyers for Optometry Practices & Optometrists in Ontario
Employment Lawyers for Optometry Practices & Optometrists
Optometry practices in Ontario operate in a uniquely structured regulatory environment. From College of Optometrists of Ontario (COO) professional standards to OHIP billing compliance, from strict independent contractor requirements to practice ownership rules, managing an optometry workforce requires counsel who understand both employment law and the regulatory framework governing optometric practice.
At Greenwood Law, our Ontario employment lawyers provide strategic legal support to optometry practice owners navigating workforce matters, and to optometrists facing workplace allegations or COO complaints that could affect their careers and registration.
The Greenwood Law Team
Greenwood Law provides employment law counsel to optometry practices, and regulatory defence to optometrists in Ontario. When workforce disputes escalate or your professional standing is at stake, we bring strategic, experienced representation.
Employment Law Services for Optometry Practices
Our employment lawyers advise optometry practice owners on the full spectrum of workforce legal matters, including:
- Associate Optometrist Contracts – Drafting and reviewing employment agreements for associate optometrists, including compensation structures (salary, per diem, production-based), scheduling provisions, and termination clauses
- Independent Contractor Arrangements – Structuring compliant independent contractor agreements that satisfy COO requirements, including rent provisions that are not based on patient volume or daily revenue
- Staff Employment Contracts – Employment agreements for opticians, receptionists, and administrative staff, including confidentiality provisions and clear termination terms
- Partnership & Buy-In Arrangements – Structuring associate-to-partner transitions, buy-in provisions, and partnership agreements
- Practice Sales & Acquisitions – Employment law considerations in practice purchases and sales, including staff transition obligations, employee contract reviews, and successor employer issues
- Workplace Compliance & Policies – Developing harassment, discrimination, and conduct policies that satisfy employment standards and human rights requirements
- Workplace Investigations – Conducting or advising on investigations into staff misconduct, harassment complaints, or patient care concerns
- Non-Compete & Non-Solicitation Issues – Navigating restrictive covenant enforceability following the Working for Workers Act, 2021 and protecting patient relationships when associates depart
- HR Advisory & Training – Training practice managers on performance management, progressive discipline, and accommodation obligations
- Workplace Restorations & Reconciliations – Rebuilding practice culture following investigations or high-conflict departures
- High-Conflict Exits – Managing terminations involving wrongful dismissal exposure, patient file access, and practice continuity concerns
Workplace Defence for Optometrists
We also represent optometrists facing workplace allegations or regulatory scrutiny:
- Sexual Harassment Allegations – Defence against complaints under the Occupational Health and Safety Act and practice policies
- Workplace Harassment & Discrimination – Responding to allegations from staff, patients, or colleagues
- Billing & Fraud Allegations – Defence against allegations involving OHIP billing irregularities or financial misconduct
- COO Complaint Defence -Representation during COO investigations, Inquiries, Complaints and Reports Committee (ICRC) proceedings, and Discipline Committee hearings
- Professional Conduct Matters – Defending against allegations of clinical errors, boundary violations, record-keeping deficiencies, or conflicts of interest
Hear From Our Clients
Protecting Your Practice, Preserving Your Career
We protect optometry practices and optometrists across Ontario, providing strategic employment law guidance to structure compliant employment and contractor arrangements, manage workforce transitions, and defend against allegations that could impact professional standing or COO registration.
Table of Contents
Hear From Our Clients
Protecting Your Practice, Preserving Your Career
We protect optometry practices and optometrists across Ontario, providing strategic employment law guidance to structure compliant employment and contractor arrangements, manage workforce transitions, and defend against allegations that could impact professional standing or COO registration.
Why Optometry Practices Choose Greenwood Law
Understanding of Practice Operations
We understand how optometry practices operate, from associate staffing models and optical retail relationships to OHIP billing requirements, and tailor our advice accordingly
COO Regulatory Knowledge
We understand how COO complaints intersect with employment matters and help you manage both dimensions strategically
Workplace Investigation Expertise
We have extensive experience conducting and advising on workplace investigations in healthcare settings
Discretion & Confidentiality
We understand the reputational sensitivity of employment disputes in healthcare and handle matters with appropriate discretion
Frequently Asked Questions
What are the COO requirements for independent contractor optometrists?
The COO requires optometrists practising in non-traditional settings (optical stores, corporate practices, surgical centres) to have written independent contractor agreements that demonstrate the optometrist controls all clinical and professional decisions. Critically, the agreement must provide for reasonable rent that is paid regularly and is not based on patient volume, daily revenue, or the volume of business conducted. Rent cannot be paid daily, weekly, or irregularly. Receiving free rent, equipment, or staffing, or paying rent tied to patient volume. constitutes a conflict of interest that can result in professional discipline. Employment lawyers and optometrists should work together to ensure contractor arrangements satisfy both employment law and COO regulatory requirements.
Can I include a non-compete clause in an associate optometrist's contract?
Since the Working for Workers Act, 2021 came into effect, non-compete clauses are generally unenforceable in Ontario employment contracts, with limited exceptions for executives and business sales. However, carefully drafted non-solicitation clauses (prohibiting solicitation of patients or staff) may still be enforceable if they are reasonable in scope, duration, and geographic reach. Courts scrutinize these clauses carefully, and overly broad provisions will be struck down. For associate optometrists who may eventually buy into or purchase the practice, restrictive covenants included in a share or asset purchase agreement (as opposed to an employment agreement) may be treated differently by courts.
A patient filed a COO complaint against one of our associate optometrists. What are our obligations?
When a COO complaint is filed against an associate optometrist, the practice and the optometrist have overlapping but distinct interests. The optometrist must respond to the ICRC within 30 days and cooperate with any investigation. The practice may need to preserve patient records, provide access to clinical files, and consider whether the allegations trigger any internal investigation obligations. If the complaint involves conduct that could also constitute employment misconduct (harassment, patient safety concerns), you should consider whether to conduct a parallel workplace investigation. The optometrist should consider retaining independent legal counsel for the COO matter, as the practice’s interests and the optometrist’s interests may not fully align.
We're buying an optometry practice. What employment law issues should we consider?
Practice acquisitions involve significant employment law considerations. In an asset purchase, the buyer generally does not assume existing employment contracts, though Employment Standards Act provisions regarding sale of a business may apply. You should review all existing employment and contractor agreements for enforceability of termination clauses, restrictive covenants, and any change-of-control provisions. Consider whether you will offer employment to existing staff on new terms, and understand your notice and severance exposure if you do not. In a share purchase, existing employment relationships continue, so you inherit all contractual obligations. For associate optometrists with buy-in rights or partnership expectations, address these arrangements explicitly during the transaction.
What notice am I owed if my optometry practice terminates my employment?
Your entitlement depends on your employment contract and how long you’ve worked at the practice. If you have an enforceable termination clause that limits your entitlements to the Employment Standards Act minimums, those minimums apply (one week per year of service, to a maximum of eight weeks, plus severance pay if applicable). However, many termination clauses are unenforceable, in which case you may be entitled to common law reasonable notice, which for professional employees like optometrists can be significantly higher. Courts consider factors including your age, length of service, the character of your employment, and the availability of similar employment. An optometrist with significant tenure may be entitled to substantial notice periods. Having your contract and termination reviewed by an employment lawyer can help you understand your full entitlements.
Contact Greenwood Law
Whether you’re structuring associate contracts, navigating a practice acquisition, or facing a COO complaint, 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:
