An Employee's Duty to Mitigate in Severance Packages The Basics - The Duty to Mitigate Refers to an Employee's Legal Obligations after Losing Their Job Before delving into the topic of an employee's duty to mitigate financial losses they suffer after losing their job, it is important to understand
Can Employers Require Employees to Get a Covid-19 Vaccine, or Risk Being Fired from their Job?
Can Employers Require Employees to Get a COVID-19 Vaccine? In the last few weeks, several pharmaceutical companies have announced encouraging rates of effectiveness in various types of COVID-19 vaccines. Naturally, the world remains hopeful and, at the same time, expects to receive an approved
Employees Looking for Employment Lawyer or Ministry of Labour – Which Route to Choose?
Should I be Looking for an Employment Lawyer, or use the Ministry of Labour Process? When an employee's job is terminated, a common question employment lawyers are asked is: "Should I hire an employment lawyer to help with my dismissal, or get help from the Ministry of Labour?" As always, the
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,
Succeeding in a Wrongful Dismissal Claim in Ontario
In Ontario employment law, a wrongful dismissal a legal claim by an employee that their employer terminated their employment without a valid legal reason or justification. As discussed previously on this employment law blog, an employee's job may cease for various reasons, such as: voluntary
Employee Right to Receive Bonus Pay after Termination of Employment
Employee Payments after Termination in a Severance Package When an employee's job is terminated, the employer is usually required under Ontario employment law to provide them with a severance package, which will usually include all of the regular compensation they would have received during their
Are You Really an “Independent” Contractor… or an Employee? Here’s What to Look For
Am I an Employee or Independent Contractor? One of the most common questions employment lawyers in Ontario are asked is whether a specific worker happens to be an "employee" or an "independent contractor". This question is important because it gives right to different legal protections and
Severance Pay in Ontario
Severance Pay in Ontario Employment lawyers are often tasked by employee clients to negotiate a severance package or obtain their fair share of Severance Pay from their employer. What is it? In Ontario, it refers to compensation that is paid to an employee as a result of losing their job. It