Independent Contractor or Employee? That is the Question. Many companies hire contractors instead of employees. As we have written before, some advantages for contractors are paying less taxes and being able to claim more tax deductions. However, a contractor is not...
Terminated Contract Employee Receives Three Years’ Pay from Prior Employer In many cases, employers must provide terminated employees written notice of termination or pay instead of notice. How much notice or pay may depend on the type of employment contract. In some...
Sexual Harassment Found Even Though No Criminal Charges As we have previously reported, employees may recover substantial damages from sexual harassment in the workplace. In a recent decision, the Human Rights Tribunal of Ontario (“the Tribunal”) awarded damages to an...
Discrimination of Foreign-trained Professionals: the ‘Canadian experience’ Canada is a diverse country. Many people arrive here hoping to practice the profession in which they were trained abroad. However, there are often barriers to doing so. A recent decision out of...
The Dreaded Performance Improvement Plan We often receive calls from employees who have received a Performance Improvement Plan (PIP). This can be a stressful time and employees may feel worried about their employment future. Understanding the law about performance...
Physical Assault and Trans Slurs Compensated With Only $15,000 Unlike several US states, in Ontario, individuals may use the washroom of their gender identity, not biology. Despite this protection, transgendered Ontarians continue to experience horrific treatment from...
Miscarriage as Disability: Rights for Women Who Experience Pregnancy Loss A recent decision of the Human Rights Tribunal of Ontario (“the Tribunal”) has reclassified miscarriage from a solely gender-based issue to one of disability. The Decision In Mou v. MHPM Project...
Is Severance Pay Required by Law? Often when employees talk about severance they mean a severance package. However, severance is a specific legal term only applicable in certain situations. Employee Rights at Termination Almost every employee who is terminated...