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
Ontario Court Awards Employee 27-Month Severance Package
Wrongful Dismissal Notice Period Cap No More: Another Court Awards Employee 27-Month Severance Package In a recent case called Milwid v. IBM Canada Ltd. 2023 ONSC 490, an Ontario court awarded an employee 27 months' pay in lieu of notice in a successful wrongful dismissal claim. This is an
Employment Contract “Saving Clause”: Not Always an Employer’s Saving Grace in Wrongful Dismissals
As employment lawyers in Ontario, we are regularly called upon to review employment contracts. Oftentimes, employment lawyers assisting with looking over an employment contract in the context of negotiating its terms (especially severance pay) before an employee begins their new job, while at other
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
Do I Have to Accept a Lower Position after Employment Termination?
An Employee's Duty to Mitigate in Wrongful Dismissal Cases In Ontario employment law, the general rule is that an employee has a legal obligation to look for (and accept) comparable employment. This is called the "duty to mitigate" income losses. How does this rule work in practice? This duty to
How Do I Know If I Have a Constructive Dismissal Claim Against My Employer?
What Every Employee Should Know About Constructive Dismissal As an employment lawyer in Toronto, I am quite often asked to assist employees who believe they suffered a constructive dismissal. While this legal concept is not as well known, it is slowly gaining traction in the public mind as
My Employer Has Given Me a Termination Package. Should I Accept?
Should Employees Immediately Accept an Employer's Termination Package? Generally speaking, the short answer is "No." In this employment lawyer blog post, we discuss the basic issues all (non-unionized) employees in Ontario should be aware of: What is an employee termination package (sometimes
When Do I Need to Look for an Employment Lawyer in Ontario?
When Should I Consult with an Employment Lawyer? Whether you are an employee or employer in Ontario, there are several situations in which you may want to consider speaking with an experienced employment lawyer: 1) If you believe your employer has violated your employee rights: A leading