Temporary Layoff Update: Can An Employee Refuse a Recall?
Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the...Do I Have to Accept a Job Offer from the Purchaser of my Employer’s Business?
What happens when your employer is sold and the purchaser offers you employment? A recent Ontario decision provides some direction.
How Does Returning to School Affect an Employee’s Duty to Mitigate Losses?
How Does Returning to School Affect an Employee’s Duty to Mitigate Losses? A terminated employee has a duty to mitigate his or her damages by looking for alternative employment. We are often asked questions like: Can an employee start her own business? Can he or she...Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?
The duty to mitigate requires wrongfully dismissed employees to take reasonable steps to minimize the losses they have suffered.