Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?
When you ask a former employer or colleague for a reference, it’s usually safe to assume that they will give a positive one. If the nicest thing someone has to say about you is that you regularly wear deodorant and you’re efficient when filling your water bottle, you would hope that they wouldn’t agree to be your reference in the first place. Sadly for one Canadian, this is not always the case.
A recent decision from an Ottawa judge at the Superior Court of Justice has shed light on whether severance packages offered by employers at termination can later be referred to in court pleadings. It seems that the answer will usually (but not always) be “no”.
What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.
Ottawa – July 24, 2017 – A Timeline for Certification Motion regarding the BlackBerry Class Action has been set and a motion record has been filed with the Court. Note that all dates in the timeline could be subject to change, including the certification motion date. Click here to view the Timeline for Certification Motion.
Last month Bill C-16 was finally given royal assent. The bill, which adds protection of gender identity and expression to the Canadian Human Rights Act and the Criminal Code, received a 67-14 vote in favour of the bill in the Senate. The passing of the law is regarded by many as a historic moment, bringing federal human rights laws in line with the provinces and territories.
Generally speaking, you need a lawyer when you have a problem. However, choosing the right one may seem like a daunting task. That said, it is an important one, as choosing the right lawyer and/or law firm will help you better understand your situation, your options, and hopefully leave you feeling as though you have been heard and that someone is on your side. Below are my top 3 things to keep in mind when choosing a lawyer and/or a law firm.
We all know the conventional ways that an employment contract can be terminated, such as a resignation, or with or without cause. Another way is by frustration of contract. Frustration of an employment contract is when the employee becomes unable to fulfill the fundamental duties and responsibilities of their position through no fault of their own.
Severance pay is an important lifeline for an employee who has lost their job. It aims to compensate them for the loss of employment by recognising their length of service. Ontario’s Employment Standards Act, 2000 states that an employer must provide severance to a terminated employee if their payroll is $2.5 million or more. However, some employers may dispute the size of their payroll in order to get out of this obligation.
The best time to see a lawyer is when you don’t think you need one. Avoid the mistakes first-time entrepreneurs make and take the legal steps to protect your startup from disaster.