Employee Termination | MacLeod Law Firm

Employee Entitlements Upon Termination

MacLeod Law Firm — Fri, 11 Nov 2022 13:59:03 +0000

Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee. When an employee is terminated, they are entitled to receive certain minimum payments under the Employment Standards Act (ESA).

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Fired? You May be Owed More Thanks to The Supreme Court

MacLeod Law Firm — Thu, 21 Jan 2021 07:30:18 +0000

Fired? You May be Owed More Thanks to The Supreme Court With these uncertain economic times, many employees are being fired from their employment. If you have been fired, your employer may be trying to limit what they pay you after termination based on an employment contract that you previously signed. However, the Ontario Court of Appeal and now the Supreme Court of Canada have made it much…

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Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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Another Way to Get More Severance From Your Employer

MacLeod Law Firm — Fri, 16 Oct 2020 18:57:16 +0000

Another Way to Get More Severance From Your Employer As we have written before, termination clauses may have a significant effect on how much money you receive if you are terminated. If you are fired because of a business decision and not misconduct, it is the without cause termination clause that determines how much additional compensation you will receive. Many termination clauses attempt…

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Constructive Dismissal and Covid-19

MacLeod Law Firm — Mon, 13 Jul 2020 18:32:40 +0000

Constructive Dismissal and Covid-19 Over the past few months, we have received many questions from concerned employees about changes to their jobs and constructive dismissal. Some have experienced reductions in hours, others have had their pay cut, others are being asked to complete new or different tasks. Everyone, however, has the same question. Do I have a legal case because of these…

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COVID-19 Update: The Canada Emergency Wage Subsidy – A Real Game Changer

Doug MacLeod — Mon, 13 Apr 2020 13:14:43 +0000

On Saturday, April 11, 2020 the federal government passed the Canada Emergency Wage Subsidy (the “CEWS”). This law will be a game changer for many employers. The following information is from the federal government’s explanation of the CEWS. Bottom Line If your organization’s revenue in March 2020 was 15% less than in March 2019 (and/or decreased by 30% in April and/or by 30% in May) then…

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Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim

Doug MacLeod — Tue, 25 Feb 2020 15:00:16 +0000

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace Safety and Insurance Act (the “WSIA”) and convinced an adjudicator that the action was statute barred. However, the adjudicator concluded that the employee could claim for benefits under WSIA. If this case is upheld on appeal…

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Termination Clauses: (Yet) Another One Bites the Dust

Doug MacLeod — Tue, 07 Jan 2020 13:58:20 +0000

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this…

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5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more

MacLeod Law Firm — Wed, 18 Dec 2019 13:45:11 +0000

5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more Most people simply want to be treated with fairness, dignity and respect at work. This blog summarizes five things you can do to make sure this happens including discussion on harassment, discrimination, employment contracts and severance packages. 1. A fair employment contract. If you apply for a…

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