How much Notice of Termination is a Probationary Employee Entitled to Receive? I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent...
Fixed-Term Employment Contracts are a Bad Idea I do not like fixed-term employment contracts and have written a number of blogs on this topic. This blog summarizes a recent decision of the Ontario Court of Appeal that reinforces my aversion to fixed-term contracts....
Do You Have An Obligation To Look For A New Job After Being Fired? The Basics A wrongful dismissal occurs when an employer does not provide you with enough notice of termination. Most employers do not provide any notice of termination. In a wrongful dismissal action,...
Disabled Employee Earning $ 22 000 Per Year Awarded $ 110 000 Damages In my experience, many employees are now claiming more than one type of legal damages in wrongful dismissal cases. This is particularly the case when the employee is disabled. A recent Ontario...
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...
Is Being Drunk at a Work Conference Serious Misconduct? A recent court of appeal case in Australia found that an insurance company did not have cause when it terminated a broker for his drunken antics. The broker had attended drunk to a professional conference. He was...
What is a Layoff? What is a layoff? This question may seem simple to many, but it is not. Employees and employers often misuse the term layoff and the effects can be significant. A True Layoff A true lay off involves a situation where the employee knew in advance...
After termination, is an employee required to mitigate by accepting an offer to return to work? Once an employee’s employment is terminated, the person is required to mitigate by seeking alternative employment. What happens if your former employer offers to give you...