What kind of damages are you entitled to if your employer makes frivolous allegations about you? As we have written before, an employer may generally terminate an employee for any good business reason as long as it provides the employee with adequate notice of...
Getting terminated during a medical leave Generally speaking, if an employee is terminated without just cause they are entitled to receive “reasonable notice” of termination unless they have agreed to accept a specific amount of notice of termination. An employer can...
Can an Employer Give Working Notice to Employees who are Incapable of Working? When an employee is terminated, instead of providing pay in lieu of notice, the employer may ask the employee to continue working during the notice period. This is known as “working...
Wrongful Dismissal: the Retail Restructuring Edition Recently, the National Post reported that the Hudson’s Bay Co. is eliminating 2,000 positions due to changes in the retail sector. Over the past few years, we have seen employees terminated from the Bay, Sears,...
What a great country: getting paid by two employers at the same time Wrongful dismissal damages are normally subject to mitigation, which means that income from a new job after termination is deducted from the damages a terminated employee can recover from their...
Do I Have to Accept a Demotion if My Job is Eliminated? When an employee is terminated, the employee is required to minimize lost income by seeking alternative employment. What happens if your former employer offers to give you another job but at a reduced salary? Are...
Another Termination Clause Bites the Dust You may have signed an offer of employment or an employment contract before you started it work. If so, it could have a termination clause. Many termination clauses attempt to limit how much termination pay an employee will...
An update on mitigation: What happens when a wrongful dismissal case gets to court while the employee is still unemployed? The Basics A wrongful dismissal occurs when an employer does not provide enough notice of termination. An employee can claim damages equal to the...