When an employer wants to terminate an employee without cause, it is required to do one of two things: give reasonable notice in advance of termination, or provide pay in lieu thereof [assuming the employee has no valid and enforceable employment contract]. But what happens if you are terminated because your employer is in dire financial straits? Are you entitled to less, simply because you were terminated as a cost-saving measure?
Attached to most termination packages is a document that, while important, is often filled with legalese and run-on sentences. This document is generally referred to as a Release. We recommend not signing such a document until you have spoken to an Employment Lawyer. Below are our top 10 need-to-know facts about employment-related releases and how they can affect your rights.
How should progressive discipline be doled out when dealing with a disabled employee? At the heart of this issue is the pull between documenting problems with an employee’s performance, meting out consequences for those performance failures or difficulties, and the duty to accommodate employees with disabilities whose disabilities may be causing the performance difficulties.
While a lawyer can provide guidance through the steps of the negotiation and litigation process, knowing how the process works prior to initiating it should help alleviate some of the stress. Here is a brief outline of steps in the litigation process in the order in which they [generally!] occur.
Just as an employer has a duty to provide proper notice of termination to an employee they terminate without cause, an employee also owes a reciprocal duty to provide notice of their resignation. Damages for not providing such notice are not often sought because, practically speaking, what the employer can hope to recover is often outweighed by the legal costs necessary to obtain it. However, when such damages are sought, this often comes as quite a shock to the employee who believed there would be no repercussions for quitting without notice.
Mitigating your losses after being dismissed, such as making concerted efforts to find new employment, is important if you feel that the dismissal was unjust. However, a recent case has demonstrated that contextual factors do come into play when a court is evaluating the extent to which an employee has attempted to mitigate.
On July 27, 2016, the Ministry of Labour released the much-anticipated Changing Workplaces Review: Special Advisor’s Interim Report. This report is part of the Ministry of Labour’s broader mandate to modernize employment and labour laws, in an effort to strengthen protection for vulnerable workers and enhance business competition in a globalized and changing economy. While the report makes no specific recommendations or proposals, it sets out various options for reform.
The definition of a ‘fiduciary employee’ is not black and white. However, breaching a fiduciary obligation can be costly and, sometimes, even be career suicide. It is important to know when you may be in the grey ‘fiduciary’ area.
When employees leave their employment, they may take with them a tremendous amount of information about the business of their former employer. With some exceptions, those employees could go on to compete with their former employer, as long as they don’t use that employer’s confidential information. For this reason, employers often include clauses in employment contracts to address this exact scenario, commonly referred to as restrictive covenants.
Due to our current economic climate, an increasing amount of employees are being hired on for fixed-term contracts. A fixed-term contract is one that either ends on a specified date or lasts until a specific task is complete. This type of employment relationship raises unique concerns and issues as compared to a full-time or indeterminate employee.