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...
Preparing an Employee Severance Package: Five Reasons to Hire A Lawyer A lawyer can explain your obligations under the Employment Standards Act. Did you know there are employees who are not entitled to vacation pay, overtime pay, termination pay and severance pay...
What is a Constructive Dismissal? The traditional type of constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of your employment contract without providing you with reasonable notice of that change. In 2015,...
Five Reasons to Ask an Employment Lawyer to Review Your Severance Package We have reviewed hundreds of severance packages on behalf of employees. Some of these packages are fair and some are really unfair. We can tell you whether we think your package is fair. And in...
Failing to provide a doctor’s note is not necessarily “just cause” Generally speaking, an employer may terminate an employee as long as it provides the employee with notice of termination. However, if an employer has ‘just cause’ for the termination,...
Is My Termination Clause Good? A termination clause in an employment contract states how much notice of termination an employer is required to provide an employee. The employer can provide working notice of termination or pay instead of working notice, but almost all...
How to get around a termination clause 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...
Are terminated employees entitled to their unpaid bonuses? We have previously written about when employees have been found to be entitled to receive their bonus at the time of termination. To recap, when an employee is terminated without cause, they are entitled to...