Termination Notice | MacLeod Law Firm

Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

Source

Reducing Litigation Risk

Doug MacLeod — Wed, 02 Nov 2022 14:00:26 +0000

In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it was anything but a simple case. It addressed some of the litigation risk inherent in wrongful dismissal litigation.

Source

Termination Pay for Short Service Employees

MacLeod Law Firm — Tue, 15 Feb 2022 15:00:15 +0000

When considering a job offer you need to carefully consider the terms of the termination clause that is included in the written job offer you receive. Employer Friendly Termination Clause in Job Offer When interviewing for a job the employer rarely raises your rights on termination. Instead, the employer usually includes a termination clause in your written job offer. It is not uncommon for…

Source

Have reasonable notice periods increased during the COVID pandemic?

Doug MacLeod — Tue, 16 Nov 2021 15:40:30 +0000

I will tell anyone who asks – and many people who don’t ask – that every employer should require every employee to sign an employment contract with an enforceable termination clause. More and more employers are doing so, however there are still many employees who have not signed an employment contract with an enforceable termination clause. Particularly because of the Ontario Court of Appeal’s…

Source

Wrongful Dismissal: How To Reduce Litigation Risk

Doug MacLeod — Wed, 01 Sep 2021 13:55:40 +0000

The best way to reduce litigation risk in relation to an employee termination is to agree in advance how much notice of termination (or pay in lieu of notice) an employee is entitled to receive. Employers rarely provide ANY notice of termination so the employee’s employment contract should have a termination clause setting out how termination pay is calculated. Kraft v.

Source

Employment Contracts: They Should Keep Giving and Giving

Doug MacLeod — Tue, 19 Feb 2019 14:50:13 +0000

Employment Contracts: They Should Keep Giving and Giving I trumpet the benefits of employment contracts every chance I get. I often write and speak about these benefits. Two Case Studies In the last two weeks, I received calls from two clients who benefitted from an employment contract that I wrote several years ago. Right to Temporarily Lay off The first client operates a couple of retail stores.

Source

Judge Awards Employee 30 Months’ Termination Pay

MacLeod Law Firm — Tue, 05 Feb 2019 19:25:13 +0000

If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay. This result happened in a recent case. The Facts Mr. Dawe was terminated without just cause after 37 years service when he was 62 years old. As is normally the case, his employer, Equitable Life Insurance, provided him with no notice of termination.

Source

ESA Termination Clauses: Another One Bites the Dust

Doug MacLeod — Tue, 22 Jan 2019 15:27:23 +0000

If you include a termination clause in your employment contracts that limits notice of termination to Employment Standards Act (“ESA”) minimums, then read on. This blog summarizes a case decided last month where the courts again refused to enforce an ESA termination clause. The Employee Catherine Bergeron signed a contract with the following termination clause before starting her $ 90 000 job…

Source

Damages Owed Under Fixed Term Contracts

Nadia Halum — Tue, 28 Nov 2017 17:32:04 +0000

In my last blog post, I discussed a case where an independent contractor who signed a fixed term contract was owed notice of termination, specifically, 5 months and 3 weeks. There are very important differences between indefinite and fixed term contracts, particularly at the time of termination. In this week’s blog post, I’ll delve deeper into how damages are calculated when you are subject to a…

Source