Am I entitled to a bonus if I am not actively employed when it is paid out? Determining whether a terminated employee is entitled to their bonus, even though they are not actively employed when it is paid out, can be a complicated issue. As you may know from reading...
Employer Alert: Employment Contracts May Need to Be Amended Because of a Recent Court of Appeal Decision Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built-in conditions that must be met...
Not all termination clauses are enforceable: Here’s One Way to Attack Them Employers include a termination clause in your employment contract to take away your rights, i.e. to reduce the amount of termination pay you are entitled to receive. If your employment...
Employer Alert: Report Discusses Possible Changes to Ontario’s Employment Standards Act On July 27, 2016 a report concerning possible changes to the Employment Standards Act (the “ESA”) was released following extensive public consultations. This blog addresses...
Can I layoff an employee? Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the...
The Perils of Dismissing a Disabled Employee On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here...
Why An Oral Employment Contract is a Bad Idea We’ve written before on the importance of requiring new hires to sign an employment contract which contains a termination clause. In a recent decision from British Columbia, one employer learned this lesson the hard way....
How much notice of resignation should I give my employer? Did you know that an employee is required to provide “reasonable” notice of resignation (unless you agree to a different notice period in an employment contract)? If you fail to do so, your former employer can...