Termination | 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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Employee Entitlements Upon Termination

MacLeod Law Firm — Fri, 11 Nov 2022 13:59:03 +0000

Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee. When an employee is terminated, they are entitled to receive certain minimum payments under the Employment Standards Act (ESA).

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Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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Reducing Litigation Risk

Doug MacLeod — Wed, 02 Nov 2022 14:00:26 +0000

In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it was anything but a simple case. It addressed some of the litigation risk inherent in wrongful dismissal litigation.

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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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Is a Temporary Layoff under the ESA a termination at common law?

Doug MacLeod — Wed, 09 Jun 2021 14:00:41 +0000

When the COVID pandemic hit Ontario, many employers temporarily laid off employees because business revenues plummeted. To address these massive layoffs, the Ontario government introduced O. Reg. 228/20: Infectious Disease Emergency Leave (the ¨IDEL Regulation¨) under the Employment Standards Act (the ¨ESA¨) which provides, among other things, that temporary layoffs that take place between…

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Federal Terminated Employees Can Prove Contract is Unenforceable

MacLeod Law Firm — Wed, 10 Mar 2021 20:50:41 +0000

We often write about termination clauses and the impact that they have on terminated employees. This type of clause can change the pay a terminated employee receives by thousands, sometimes hundreds of thousands, of dollars. Often though, the legal cases fighting about the validity of termination clauses are based on provincially regulated employers. Federally regulated employers include…

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Employment Contract Review: Why It Is Essential

MacLeod Law Firm — Thu, 18 Feb 2021 19:46:17 +0000

You have been offered an exciting new job opportunity and your future employer has asked you to sign an employment contract. Why should you hire a lawyer to do an employment contract review? The language used in most employment contracts takes away your legal rights. A lawyer can explain which rights you are giving up in an employment contract and can suggest changes to the contract that benefit…

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Why You Should Get Your Severance Package Reviewed

MacLeod Law Firm — Tue, 09 Feb 2021 20:23:40 +0000

Why You Should Get Your Severance Package Reviewed Your manager brings you into the boardroom where HR is present (or invites you to a Zoom meeting!). You are then told you are being let go and handed a severance package. You are likely shocked and the last thing you want to do is pay a lawyer to review it but the cost of this review may be one of the best investments in your life.

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The Impact of COVID-19 on Wrongful Dismissal

MacLeod Law Firm — Fri, 29 Jan 2021 15:00:49 +0000

With the significant number of terminations that have occurred throughout 2020 due to Covid-19, many employees are asking whether Covid-19 affects their wrongful dismissal rights. We have been waiting for the courts to provide guidance on the impact of Covid-19 on wrongful dismissal cases. A recent decision gave some initial guidance. The Case – Termination before Covid-19 In Yee v Hudson’s…

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