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Wrongful Dismissal and Employment Law Blog



Canadian Workplace Law



Last Build Date: Mon, 20 Nov 2017 16:14:26 +0000

 



What is a Wrongful or Forced Resignation

Mon, 20 Nov 2017 16:14:26 +0000

There is a major financial difference between getting fired by your employer and choosing to resign.  Simply put, most employees who are fired are entitled to severance packages, while employees who resign are not entitled to anything.  This gives employers a financial incentive to encourage employees to resign and this incentive sometimes results in employers […]

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Social Media Privacy Policy in the Workplace

Mon, 13 Nov 2017 17:57:13 +0000

Social media and privacy in employment law is an evolving and developing concept. The pervasiveness of the internet and the worldwide access to online content greatly diminish an individual’s expectation of privacy when posting online content in the eyes of the law. This is because anyone can access online content with little effort. How does […]

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What Factors will Courts Consider in Determining Inducement?

Tue, 07 Nov 2017 14:51:53 +0000

Employers may have their recruiters aggressively pursue highly skilled employees, as this can greatly aid in the success of an organization. This includes making promises in order to entice allure the candidate to accept the job offer. The issue of inducement, however, arises when an employee has been terminated. The courts may award the former […]

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I Am Paid a Salary: Am I entitled to Overtime Pay?

Mon, 06 Nov 2017 20:27:28 +0000

It is a misconception that salaried employees are not entitled to overtime. There are no provisions in employment standards law that exempts salaried employees from overtime entitlements. In fact, employers that claim salaried employees are not entitled to overtime, either in writing or through an implied contract, would be contracting out of employment standards law. […]

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Frustration of Contract and Long Term Disability Benefits

Thu, 02 Nov 2017 16:04:06 +0000

Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and employee) could reasonably contemplate at the time the employment agreement was made. Put simply, when an event occurs that prevents a worker from performing the essentials of their job, then the contract may become frustrated […]

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Frustration of Contract vs. Just Cause: What is the difference?

Wed, 01 Nov 2017 19:43:46 +0000

There are various ways an employer may end an employment relation. An employer may end a contact by offering an employee advanced notice or equivalent payment of wage and benefits required under legislation or common law. Another way is dismissing an employee for just cause or by establishing the contract has been ‘frustrated’. In each […]

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Are you required to pay your employer a penalty if you resign?

Wed, 25 Oct 2017 18:43:33 +0000

Question:  I am a registered nurse.  My employer has created a contract stating I must repay $50,000 if I leave before 5 years and each year of employment the amount to repay will decrease by 10k. (Year 1 I owe 50k, yr 2 i owe 40k…yr 5 I owe 10k).   their reasoning was that they […]

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When I retire, can I keep health care benefits?

Wed, 18 Oct 2017 13:35:31 +0000

Question:  I have been employed by the same company for 22yrs and am 63 yrs old. Health care benefits are provided by the company and reduced benefits were available if you are over 60 when you retire. It was announced recently that no benefits will be provided for people that retire after Dec 31/17. I […]

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Can an employer impose a longer probationary period than 3 months?

Tue, 17 Oct 2017 18:07:10 +0000

It is common knowledge for employment probationary periods to last for three months from the commencement of the employment relation. Under minimal standards employment law (for example, the Employment Standards Act in Ontario), employers do not owe any notice or pay in lieu before 90 days. This is often believed to constitute the probationary period. […]

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Would I get paid my commission if I left the company?

Wed, 11 Oct 2017 15:32:28 +0000

Question:  If I leave this company in around a month, would I still get paid my commissions from the deal I just won over the next 3 years? I’ve been working for a company for around 3 years, I have been made a better offer at another company and thinking about quitting my job and […]

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