Can an Employer Give Working Notice to Employees who are Incapable of Working? When an employee is terminated, instead of providing pay in lieu of notice, the employer may ask the employee to continue working during the notice period. This is known as “working...
Can you be terminated for poor performance? Sometimes, an employer will claim an employee’s poor performance is just cause for termination to avoid paying termination pay. It is generally difficult for an employer to prove that poor performance is just cause. If the...
How to Prove Mental Distress: An Update Did you know that if an employer mistreats an employee either during their employment or at the time of their termination, that employee may be entitled to damages for mental distress? For example, an employee may be entitled to...
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...
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,...
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...