As an employment lawyer, a common issue I often discuss with clients - both workers and companies - is the legal distinction between an "employee" and an "independent contractor." While this has always been a thorny issue in employment law, it has drawn been in the spotlight more often with the
Employer Punished for Dishonesty, Bad Faith and Misleading Employee
As an employment lawyer, I have helped both employers and employees with a wide range of workplace disputes and bad faith conduct, including termination of employment resulting from a business acquisition. In one recent instance, I assisted a 65-year old employee who had worked as a supervisor
What You Ought to Know about Termination of Employment.. and Why
Understanding Termination of Employment in Ontario What are the Reasons Employers Can Fire Employees? In Ontario, employers can generally dismiss an employee in the following ways: (a) Termination for Cause - in this case, an employer can terminate the employment of a non-unionized employee
Can an Employer Deduct CERB Benefits from an Employee’s Wrongful Dismissal Severance Package?
Can Employers Deduct CERB payments from an Employee's Severance Package following a Wrongful Dismissal? Over the course of the past few years, many people who were either terminated from their employment or placed on a temporary layoff received some form of government income assistance, usually EI
Should I Negotiate My Own Severance Package?
Negotiate Severance Package: Don't Go it Alone! As an employee, if you elect to negotiate your own severance pay without involving an experienced employment lawyer, it can severely limit the severance pay amount you may recover from your employer resulting from a wrongful dismissal. For example,
Am I Entitled to Bonus Pay If My Employment is Terminated (Wrongful Dismissal)?
For many employees, bonus pay is often a significant part of their overall job compensation. For instance, I regularly assist employees who have lost their job to negotiate better financial severance packages, or even in negotiating a more favourable employment contract, with the aim of obtaining
Changing an Employee’s Employment Contract
What is an Employment Contract? A key feature of Ontario workplaces is an employment contract. When hiring new workers, employers can use employment contracts to set out the terms of the employment relationship, as well as clarify and establish the features of the employment relationship. For
How a Wrongful Dismissal Works in Ontario
Why You Should Contact a Wrongful Dismissal Lawyer After a Termination of Employment The impact of a wrongful termination is overwhelming. In fact, most employees experience significant stress, anxiety and a sense of uncertainty about your next steps, especially when considering the financial