Court of Appeal Gives Clarity to Termination Clauses As we have written in the past, the enforceability of termination clauses is a hotly contested area of employment law. Employers who draft proper termination clauses in employment contracts can significantly limit...
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...
The Danger of Termination Clauses As we have written about in the past, termination clauses limit employee rights. The difference in what an employee receives when terminated can vary significantly between a contract with a termination clause, and one without. See...
Incentive Compensation Plans: Court Considers Evidence of the Parties’ Conduct After a Contract is Signed to Assist in Contractual Interpretation From time to time, employers change their incentive compensation plans for some of their employees – especially...
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...
Wrongful Dismissal Update: The Number of Damage Claims Being Awarded By Trial Judges are Going Up Once upon a time, employees did not sign employment contracts with termination clauses and employment lawyers fought over the appropriate “reasonable” notice period. In...
Fixed Term Employment Contracts Still A Bad Idea We’ve written before on how fixed term employment contracts are not a good idea. A recent decision from the Ontario Superior Court of Justice confirms the law on this point so far, and serves as yet another lesson to...