An employer may demote an employee for a wide range of reasons. An employee may have failed to meet the requirements of the probationary period of a promotion, behaved in an egregious way that justified demotion. Whatever the reason, a demotion can cause stress, confusion, or even humiliation. As with any change to an employment …
Throughout Canada, many employers are choosing to implement mandatory vaccination policies. For those that are federally regulated, employers are bound by the directives of the Federal Government to ensure that such policies are implemented by October 30, 2021. If you fail to disclose your vaccination status and/or you are not fully vaccinated, you will be …
If You Are Unvaccinated, Can Your Employer Terminate You For Cause? Read More »
“Totally disabled” is a legal term with a special meaning. Generally, the definition of “totally disabled” in Long Term Disability policies is: If the employee is unable to perform substantially all their essential and material job duties, they are said to be “totally disabled”. “Totally disabled” does not mean the employee ia completely incapacitated and …
Employees will often be offered termination papers, a severance package, or a separation agreement when they are being let go from a job. Employers may require an employee to sign a release which states that they are not owed any additional severance or termination pay in exchange for the amount received under the agreement. But …
What Happens When You Don’t Sign Termination Papers? Read More »
Many employees are now being asked to return to their workplace. As a prerequisite to being able to do so, some employers are advising that employees must be either vaccinated or consent to a mandatory testing protocol. For some employers, this is a business decision. For others, this is a requirement implemented by the Federal …
Maternity leave is often used to describe time off related to the birth of a child. However, Ontario’s Employment Standards Act does not use the term “maternity leave”, but “pregnancy and parental leave“. Maternity leave is not to be confused with EI maternity benefits, which are discussed below. In this article, we will review the …
Maternity Leave in Ontario: Employer Obligations Read More »
Monkhouse Law has once again successfully certified a class action for worker misclassification. In a case before Justice Morgan of the Ontario Superior Court, Monkhouse Law certified a class action requesting severance pay and statutory minimum benefits against FSB Insurance Ltd. and FSB Commercial Ltd. (“FSB”), related companies that sell personal and commercial insurance products. …
Aside from finding a new job, severance pay is usually an employee’s main concern when fired. If you compare notes with other workers or look at calculators online, you may notice that for the same amount of time working, some people receive weeks of severance pay while others receive months. This article aims to resolve …
How Much Severance Pay Should I Get In Ontario? The Facts Read More »
While the terms are often used interchangeably, being terminated is not legally the same as being laid off. The legal concepts are related but the distinction between them is important. The differences between terminated and laid off are particularly important in the context of COVID-19, when Ontario regulations have allowed layoffs to continue until January …
Is Terminated the Same as Laid Off? (Updated Sept 16, 2021) Read More »
Employees are often misclassified as independent contractors, even in unionized workplaces. An individual who has been misclassified at a unionized workplace should go to labour arbitration while a similarly situated individual at a non-unionized workplace can take their case to court or make a complaint at the Ministry of Labour. But what happens if you …
Owner Operator Truck Driver Allowed to Proceed In Court with Misclassification Claim Read More »