When it comes to Ontario workplace law, there are many common employment law misconceptions - both among employees and employers. While many believe they understand their rights and obligations, the truth often lies far from these common assumptions. In reality, courts have repeatedly debunked
Ontario Court Sides with Employer in Wrongful Dismissal and Employment Contract Dispute
A recent Ontario court decision reinforces the importance of having a well-drafted employment contract. In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice ruled that an employer’s termination clause limiting an employee’s severance to the minimum required under the
An Employer Guide to Terminating Employees – How it Differs from U.S.
For U.S. companies managing teams across the border and terminating employees, Ontario employment law can feel like a whole different world. In some ways, when we represent U.S. clients dealing with workplace disputes, such as termination of employment, the progressive nature of Ontario employment
Following Waksdale v. Swegon North America: Court Invalidates Employment Contract Termination Clause
In another decision, the court has emphasized the enduring influence of the Waksdale v. Swegon North America Inc., 2020 ONCA 391 case on the enforceability of termination clause in employment contracts. The Court's ruling in De Castro v. Arista Homes Limited, 2025 ONCA 260 underscores the necessity
Resigning From Your Job
What Happens if an Employee Resigns from Their Job in Ontario Resigning from a job is a significant life decision, one that can bring about various legal, financial, and personal implications. Whether it’s for personal reasons, a better career opportunity, or dissatisfaction with the work
Close, But No Cigar: Employer Unable to Prove After-acquired Cause for Termination
After-Acquired Cause for Termination Before discussing after-acquired termination for cause, it is helpful to begin with some fundamental employment law principles: in Ontario, employers have the ability to terminate an employee’s employment, either with or without cause. However, even in the more
Can My Employer Fire Me If I’m Pregnant? Understanding Your Rights and Legal Protections
Pregnancy is an important milestone, but for many expectant employees, it can also raise significant concerns about their job security. A common question that arises is about pregnancy-related discrimination: Can my employer fire me if I’m pregnant? This is a crucial question, as the consequences of
Guidance for Ontario Employers for Drafting Employment Severance Packages
In a recent case, the courts have provided essential clarification for employers when it comes to drafting severance packages in wrongful dismissal cases, particularly concerning stock options and other entitlements. In a ruling involving an employee who signed settlement documents post-termination,