Another Termination Clause Doesn’t Withstand Scrutiny
When a termination clause is present in a contract, it will be heavily scrutinised, due to the difference between common law notice and ESA notice.
ESA Termination Clauses: Another One Bites the Dust
If you include a termination clause in your employment contracts that limits notice of termination to Employment Standards Act (“ESA”) minimums, then read on. This blog summarizes a case decided last month where the courts again refused to enforce an ESA termination...Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty
Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific...How Important Are The Deadlines In Your Severance Package?
You should have your severance package reviewed by a lawyer before accepting it because it is possible to negotiate a better severance package.
Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts
Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts Where an employee is terminated or resigns, what is the effect of a bonus plan that requires the employee to be “actively employed” at the time the bonus is paid...Working Notice: When working more than 9 to 5 makes it hard to find a way to make a living
While there is nothing inherently wrong with providing working notice, sometimes a court may find the employer should not get credit for this notice period.