Termination Clause | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Another Reason to Periodically Review Your Employment Contract

Doug MacLeod — Tue, 20 Sep 2022 18:33:29 +0000

After the Court of Appeal’s 2020 decision in Waksdale v. Swegon North America Inc. many employers revised the termination clause in their standard employment contract because its existing termination clause was no longer enforceable. Now along comes another Ontario court case that renders an otherwise enforceable termination clause unenforceable because there was a specific penalty clause in the…

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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…

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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…

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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.

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The Everchanging Impact Of Termination Clauses On Your Entitlements Upon Termination

MacLeod Law Firm — Fri, 29 Jan 2021 10:00:06 +0000

The Everchanging Impact Of Termination Clauses On Your Entitlement Upon Termination A termination clause is typically found in an employment contract. It often purports to limit your right to termination pay to the minimum amounts contained under the Employment Standards Act (the “ESA”). The law on what types of termination clauses are considered legally enforceable is constantly changing.

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Urgent Employer Alert: Have You Had Your Employment Contract Reviewed Lately?

Doug MacLeod — Tue, 19 Jan 2021 15:00:45 +0000

All organizations should have their employment contract reviewed by an employment lawyer every year or two.

Employment Contracts in the COVID-19 World

Doug MacLeod — Tue, 14 Jul 2020 13:53:14 +0000

It’s been four months since COVID-19 changed our world. I thought Ontario would be shut down for two weeks, but I was so wrong. There is no end in sight. Many large non-manufacturers have already decided that employees will not return to the office until at least next year. Remote working will become part of the new normal for many employees. This will create all kinds of human resources…

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Another Unenforceable Termination Clause Helps Employee Get More Termination Pay

MacLeod Law Firm — Tue, 23 Jun 2020 14:38:26 +0000

Another Unenforceable Termination Clause Helps Employee Get More Termination Pay Very recently, the Ontario Court of Appeal released another decision about employment contract termination clauses that significantly helps employees. If you are interested in previous cases see here and here. What are Termination Clauses? These sections of employment contracts try to limit employee rights when…

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Waksdale v. Swegon North America Inc.: Ontario Court of Appeal Strikes Down Another Termination Clause

Doug MacLeod — Fri, 19 Jun 2020 13:55:01 +0000

In this case, Mr. Waksdale was terminated without cause after about eight (8) months of employment. Both parties agreed that the “without cause” termination clause in his employment contract was enforceable. Both parties also agreed the “with cause” termination clause was not enforceable. By way of a summary judgement motion, the employer asked the court to enforce the without cause…

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