Non-Solicitation Agreements: The Basics Under Ontario employment law, employers are entitled to protect their business interests from departing employees. In general, these issues arise in employment-related disputes, especially termination of employment, wrongful dismissal and a constructive
What is a Fixed-Term Employment Contract in Ontario?
While employment contracts do not come in all shapes and sizes, they do at least come in two general forms: either fixed term or indefinite term. A fixed-term employment contract will specify an end (expiry) date for the employment, while an indefinite term employment contact has no specific end
What Do I Do if I Was Constructively Dismissed by My Employer?
Constructive Dismissal in Ontario Employment Law Many of us have heard of a "constructive dismissal". Quite often, we receive calls from employees inquiring about whether they have a valid constructive dismissal case. In fact, sometimes the employees are adamant that they want to sue their employer
Are Employees Entitled to Bonus Pay Upon a Wrongful Dismissal?
Termination Without Cause vs. Termination for Just Cause In Ontario, whether an employee is entitled to any compensation when their job is terminated depends on the manner in which it occurs. Specifically, employment can be terminated "without cause" or for "just cause". If an employee's job is
Employee or Independent Contractor? How Do I Know?
Employee vs Independent Contractor In Ontario, both workers and businesses commonly confront a thorny question of whether their arrangement can be characterized as an independent contractor or employment relationship. Typically, this issue arises once the business relationship ends and the worker
To Say or Not to Say: Should Employers Always Provide Employees the Reason for Termination?
Wrongful Dismissal Claims: Termination Without Cause, or Termination for Cause It is well known in Ontario employment law that an employer has a choice to terminate an employee's job either "for just cause" (good reason) or "without cause". In other words, an employer can dismiss an employee for
Thinking of Changing an Employment Contract? Don’t Forget Changed Substratum
Employee Promotions, Changed Substratum and Constructive Dismissal In any workplace context, employers generally have a need to maintain flexibility in order adapt to changing circumstances, economic conditions and workforce. Shortly after the Canadian economy began to rebound from the COVID-19
When it Comes to a Temporary Layoff, Employee’s Silence Does Not Always Equal Condonation
Does an Employee's Silence Always Amount to a Condonation of a Temporary Layoff? Ontario Court Says "No". In a recent decision, the Ontario Court of Appeal found that an employee's failure to object or speak up after his employer placed him on an unpaid temporary layoff did not amount to a