Do I Have to Accept a Demotion if My Job is Eliminated? When an employee is terminated, the employee is required to minimize lost income by seeking alternative employment. What happens if your former employer offers to give you another job but at a reduced salary? Are...
An update on mitigation: What happens when a wrongful dismissal case gets to court while the employee is still unemployed? The Basics A wrongful dismissal occurs when an employer does not provide enough notice of termination. An employee can claim damages equal to the...
Preparing an Employee Severance Package: Five Reasons to Hire A Lawyer A lawyer can explain your obligations under the Employment Standards Act. Did you know there are employees who are not entitled to vacation pay, overtime pay, termination pay and severance pay...
How to get around a termination clause You may have signed an employment contract with a termination clause. You may be wondering whether you are only entitled to the amount set out in this termination clause. The short answer is…it depends. There are a number of ways...
Probationary Clause Gets Employer Into Hot Water Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can...
Resignation vs. Termination: The $64,000 (or more) Question Employers prefer it when an employee resigns because the employee is not entitled to any termination pay. To be valid, a resignation must be voluntary, clear and unequivocal; otherwise a so-called resignation...
Are terminated employees entitled to their unpaid bonuses? We have previously written about when employees have been found to be entitled to receive their bonus at the time of termination. To recap, when an employee is terminated without cause, they are entitled to...
Damages for Reprisal under Occupational Health and Safety Act It should be common knowledge that changes were made to the Occupational Health and Safety Act (“the OHSA”) that have been in effect since September 8, 2016 (and if it’s not common knowledge, you haven’t...