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
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
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
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
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
No Resting on Your Laurels: Employee Mitigation in Wrongful Dismissal and Severance Package Negotiations
Mitigation of Wrongful Dismissal Damages The old adage "do not rest on your laurels" carries significant relevance in the world of Ontario employment, specifically when it comes to an very important (but usually overlooked) concept: an employee's mitigation of wrongful dismissal damages.
Termination for Cause and Wrongful Dismissal: What Does it all Mean?
As an employment lawyer, I am typically asked to determine whether an employer has justification to fire an employee "for cause." Basically, these are situations where an employer is so upset about an employee's workplace behaviour that it fires them on the spot, and refuses to provide prior notice
Duty to Mitigate Wrongful Dismissal Damages in Severance Packages – Toronto Employment Lawyer
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