Court of Appeal Gives Clarity to Termination Clauses As we have written in the past, the enforceability of termination clauses is a hotly contested area of employment law. Employers who draft proper termination clauses in employment contracts can significantly limit...
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...
Resignation vs. Termination: The $64,000 (or more) Question Employers prefer it when an employee resigns because the employee is not entitled to any termination pay. To be valid, a resignation must be voluntary, clear and unequivocal; otherwise a so-called resignation...
Can I go back to school to retrain after my employment has been terminated? Once an employee’s employment is terminated, the person is required to mitigate by seeking alternative employment. We often get asked by long service employees who have just been terminated if...
Am I entitled to my bonus at termination? 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...
Can My Employer Terminate My Employment When I am on LTD? We often get calls from disabled employees, typically on LTD, who have been terminated about two years after starting a medical leave. It often means their health benefits, including prescription drugs, have...
What kind of damages are you entitled to if an employer is wrong about your “just cause” termination? Generally speaking, an employer may terminate an employee as long as it provides the employee notice of termination. However, if an employer has ‘just cause’ for the...
The “Bottom Line” of Restructuring In today’s shifting economy, restructuring is common amongst large and small employers. Restructuring may involve shifting employees within a company, but more commonly it also involves the elimination of various sectors...