Court Certifies Monkhouse Law Class Action Regarding Severance Pay and Other Benefits for Misclassified Workers

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.  …

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How Much Severance Pay Should I Get In Ontario? The Facts

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 …

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Is Terminated the Same as Laid Off? (Updated Sept 16, 2021)

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 …

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Owner Operator Truck Driver Allowed to Proceed In Court with Misclassification Claim

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 …

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Employee Rights When Company Closes Down

While many businesses have temporarily shut down due to the COVID-19 pandemic, others have gone out of business altogether. We discuss the rights that employees have when a non-unionized business shuts down in Ontario. What happens to employee rights when a company closes? Employment rights when a business ends operations will vary depending on the …

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Unjust Dismissal: What You Need To Know

Under the Canada Labour Code, Unjust Dismissal rules provide a procedure for federally regulated employees to complain against a termination that they consider unjust. It allows them to seek extraordinary remedies, including reinstatement and back pay if they have been terminated without cause. The complaints need to be filed with 90 days since the termination, and …

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OLRB Decision Finds Commissioned Employee Entitled to Overtime Pay

Employees who are paid through commissions, such as insurance advisors or commissioned salespersons, may be under the false impression that they are not entitled to overtime pay. Monkhouse Law recently represented a commissioned employee before the Ontario Labour Relations Board (“OLRB”), and the employee was awarded 8 hours per week of overtime during his claim …

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Class Actions in Employment Law – Current Developments and Upcoming Issues

Class actions in the realm of employment law are a relatively new but growing field. Class actions in employment law are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for …

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Ontario Employees Should Receive Statutory Severance Pay Above and Beyond Working Notice Owed

What is statutory severance pay? In Ontario, severance pay is a statutory payment that is made by the employer to the employee upon termination of an employee in ADDITION to notice of termination. It is only required in Ontario and federal jurisdictions. The purpose of severance pay is to compensate the employee for his or …

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