How to Spot a Resignation Contrary to popular belief, it is not always easy to know when someone has resigned. Even if an employee uses words such as “I quit,” a court may still find that the employee has not truly resigned. An employer in Alberta learned this lesson...
When can your Employer ask you for an Independent Medical Exam? Employees often work with disabilities. The health issues they experience do not seriously affect their ability to complete their job duties. But sometimes, illness or injury becomes too much and an...
Can my organization implement a drug testing policy at the workplace? If you’ve been following the news over the last few months, you know that the Ontario Superior Court of Justice refused to allow the union’s injunction against the TTC’s random drug and alcohol...
What kind of notice of termination am I entitled to if I have signed an employment contract? What kind of notice of termination am I entitled to if I have signed an employment contract? The answer is it depends on several factors, including whether the contract...
Can you be terminated for poor performance? Sometimes, an employer will claim an employee’s poor performance is just cause for termination to avoid paying termination pay. It is generally difficult for an employer to prove that poor performance is just cause. If the...
How to Prove Mental Distress: An Update Did you know that if an employer mistreats an employee either during their employment or at the time of their termination, that employee may be entitled to damages for mental distress? For example, an employee may be entitled to...
I Quit, Can I Sue My Employer for Constructive Dismissal? We are often asked the question: “can I sue my former employer for constructive dismissal?” The answer is maybe. A new Court of Appeal decision confirms that whatever change in working conditions that...
Can I go back to school to retrain after being terminated? As we have written before, once a person’s employment is terminated, that person has a legal obligation to look for alternative employment. We often receive calls from recently-terminated long service...