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...
Employer Ordered to pay $ 425 000 of Wrongfully Terminated Employee’s Costs In many wrongful dismissal cases, the legal costs associated with taking a case to trial exceeds the value of the legal claim. That is why the vast majority of these cases settle before trial....
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...
Probationary Clause Gets Employer Into Hot Water Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can...
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...
Incentive Compensation Plans: Court Considers Evidence of the Parties’ Conduct After a Contract is Signed to Assist in Contractual Interpretation From time to time, employers change their incentive compensation plans for some of their employees – especially...
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...
Why Asking Your Employee to go Clubbing Could Cost You I hope by now you know that sexual harassment at work is against the law. If not, please see here and here. Despite this, sexual harassment is still pervasive in our workplaces. Where managers and employers often...