Workplace Secrets and Stealing Clients? Understanding Non-Solicitation and Confidentiality Clauses in Severance Packages So, your employer informed you that it decided to terminate your employment and, to resolve a wrongful dismissal claim, offered you a hefty severance package. While the cash
What Does an Employee’s “Duty to Mitigate” Mean in Ontario Employment Law?
What Employee's Should Keep in Mind: Understanding the Duty to Mitigate Contract to misconceptions, even after a wrongful dismissal, the story does not end there when it comes to the employment relationship, as employees still have a duty to mitigate. Imagine this: your employer wrongfully
How to Deal with a Wrongful Dismissal in Ontario
What Employees Should Know in How to Deal with a Wrongful Dismissal In Ontario, employment law is always changing and a generally difficult area, which can often leave employees (and their employers) feeling overwhelmed and uncertain about their rights and obligations. While the starting point is
What Happens if there is an Early Termination of Fixed-Term Employment Contact in Ontario?
In Ontario, there are a few main types of employment contracts, each with its own characteristics and legal implications, especially upon early termination of the employment contract. Indefinite-duration Employment Contracts These are the most common type of employment contracts in Ontario
Punitive Damages in Ontario Wrongful Dismissal Cases
In recent court decisions, courts in Ontario have awarded punitive damages to employees for an employer's bad behaviour during wrongful dismissal claims. What are Punitive Damages in Employment Law Cases? In employment disputes, such as wrongful dismissal or constructive dismissal cases, punitive
The Case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197
The recent Ontario court case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197 involved a few important legal principles, including the legal enforceability of an employment contract. This case involved an employee who was employed as President of the company. Following his
What is a Wrongful Dismissal in Ontario Employment Law?
Understanding Wrongful Dismissal in Ontario Employment Law When it comes to Ontario employment law, the phrase "wrongful dismissal" is generally misunderstood. From a strictly legal perspective, it does not mean that an employer has no right to terminate an employee's job, or that by terminating an
What to Know of an Employee’s Duty to Mitigate in Ontario Employment Law
Under basic legal principles, if a party to a contact (such as an employment contract) suffers a violation of its terms known as a breach of contract, a court will typically award them damages (or financial compensation) to put them in the position they would have been in had the other party to the