Remuneration | MacLeod Law Firm

How to get around a termination clause

MacLeod Law Firm — Wed, 22 Feb 2017 19:58:10 +0000

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 to attack a termination clause. If successful, you could be entitled to more termination pay than you are entitled to receive under the termination clause.

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Am I entitled to my bonus at termination?

Nadia Halum — Mon, 05 Dec 2016 20:58:25 +0000

We have previously written about when employees are entitled to receive their bonus at the time of termination. To recap, when an employee is terminated without cause, they are entitled to receive notice or pay in lieu of notice. The award in a wrongful dismissal claim is meant to place the terminated employee in the same financial position they would have been in had such notice been given.

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What kind of damages are you entitled to if an employer engages in malicious conduct?

Nadia Halum — Tue, 29 Nov 2016 22:28:59 +0000

Did you know that judges will sometimes award punitive damages to an employee when an employer engages in malicious conduct? This blog summarises one such case. Morison v Ergo-Industrial Seating Systems Inc. Mr. Morison was the company’s regional manager and a top salesperson who was unaware of any issues relating to his performance until, during his sixth year of employment, the company’s owner…

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Am I entitled to a bonus if I am not actively employed when it is paid out?

Nadia Halum — Tue, 23 Aug 2016 15:00:07 +0000

Determining whether a terminated employee is entitled to their bonus, even though they are not actively employed when it is paid out, can be a complicated issue. As you may know from reading our blogs, when an employee is terminated without cause, they are entitled to receive notice of termination or pay in lieu of this notice. Wrongful dismissal damages are meant to place the terminated employee…

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Keeping Tips in the Servers’ Pockets – New Protections Under the Employment Standards Act

Katelyn Weller — Tue, 12 Apr 2016 16:19:50 +0000

For servers, tips generally form a significant part of their income. Pooling tips is a common practice in the restaurant industry whereby a server is required to contribute a certain portion of his or her tips into the “pool”. The tips are then redistributed to other employees. In some cases, the restaurant also takes a cut of those tips, which can seem unfair. Under Bill 12, Protecting Employees’…

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Show me the money – Is an employer allowed to change your compensation plan?

Katelyn Weller — Mon, 07 Mar 2016 15:00:38 +0000

As employees, we expect that our compensation will continue increase with our length of service. However, sometimes that’s not always the case. An employer may be experiencing financial difficulties and in an effort to cut costs, it asks its employees to take a pay cut. On the other hand, an employer could be quite profitable, but may make changes to a compensation plan as a motivational tool.

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