In Ontario, once an employee is dismissed from their employment, they are usually entitled to payment from the employer called "severance pay." This is intended to provide a financial assistance for the employee to assist them as they transition to new employment (much like employment insurance
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
Employees Looking for Employment Lawyer or Ministry of Labour – Which Route to Choose?
Should I be Looking for an Employment Lawyer, or use the Ministry of Labour Process? When an employee's job is terminated, a common question employment lawyers are asked is: "Should I hire an employment lawyer to help with my dismissal, or get help from the Ministry of Labour?" As always, the
What Rights do I Have as an Employee in the Ontario Employment Standards Act? – Back to Basics
What is the Employment Standards Act, 2000? All employees in Ontario who work for a company that is provincially regulated are protected by the minimum requirements set out in the Ontario Employment Standards Act, 2000 (the "ESA"). The ESA is the foundation of employment law rights in Ontario
My Employer was Bought by Another Company. How Does that Impact My Job?
The Effect of a Business Sale on an Employee in a Non-Unionized Context What happens if my current employer is acquired by another company? Does that mean that my job was terminated? Do I automatically become an employee of the new owner? Most importantly, am I entitled to receive a financial
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,
Employee Right to Receive Bonus Pay after Termination of Employment
Employee Payments after Termination in a Severance Package When an employee's job is terminated, the employer is usually required under Ontario employment law to provide them with a severance package, which will usually include all of the regular compensation they would have received during their
Are You Really an “Independent” Contractor… or an Employee? Here’s What to Look For
Am I an Employee or Independent Contractor? One of the most common questions employment lawyers in Ontario are asked is whether a specific worker happens to be an "employee" or an "independent contractor". This question is important because it gives right to different legal protections and