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
An Employee Who Was Wrongfully Dismissed Awarded Maximum Severance Package
Court Awards Wrongfully Dismissed Employee 24-Month Severance Package A significant issue that recently arose in Ontario employment law was whether or not an employee whose employment was terminated during the COVID-19 pandemic is entitled to more severance package. As previously discussed in this
Ontario Court Finds Employee Was Wrongfully Dismissed (Not an Independent Contractor)
A thorny issue in the area of employment law involves determining whether a worker is an employee or an independent contractor. What's the big deal, you ask? Well, for employment lawyers in Ontario, this issue is often difficult to discern and massive consequences, for both workers themselves and
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
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of
What is an Employee’s Duty to Mitigate in Ontario Employment Law?
In Ontario employment law, an employee facing a wrongful dismissal or constructive dismissal has a legal duty to “mitigate”. Put simply, this is a legal obligation that requires an employee who has faced a significant change to the terms or conditions of employment (such as if they were wrongfully