If you have been wrongfully dismissed, the most important thing you should do (aside from seekng legal advice to determine whether or not you would have a legal remedy) is to properly attempt to mitigate your damages. “Attempting to mitigate your damages” effectively means searching for new work. What a court wants to see in […]

Layoffs can be devastating for employees. Many employees, faced with the sudden prospect of having their income greatly diminished may sign off on inadequate severance packages and a release in order to get a smaller amount of money sooner rather than more money later. This is often a very bad mistake. While some employees who

This post lays out the litigation process, specifically focusing on a wrongful dismissal, from start to possible trial. Step 1: The Consultation This is directly after you you have been wrongfully dismissed. It’s best to contact an employment lawyer in order to assess whether or not you have a claim. If you negotiate your severance

Inducement Competitive attitudes are quite prevalent in today’s job market. While employers are looking for better and more qualified employees, employees are looking for jobs with increased compensation, benefits and seniority. While there is no harm wherein the employee is seeking a new job with more perks, and the employer is interested in hiring them,

With the current economic climate, temporary lay-offs are an increasingly common tool employers attempt to use to circumnavigate severance and termination notice rights. As an employment law firm, we at Monkhouse Law encounter issues with temporary lay-offs frequently. The Employment Standards Act, 2000 (“ESA”) and jurisprudence combine to give an overview of what is and

In this post, we are looking at a prevalent issue: faking sick to get time off work, and in particular, whether an employer has the right to “call out” an employee for faking a reported illness. Can Your Employer Investigate the Legitimacy of your Leave? The general rule is that your employer can require proof

When we log into our work computers, save a file, or check our personal email, we don’t often stop to think who that information could be shared with, or how it could be obtained. Any workplace privacy policy which attempts to limit employees from using their computers for some sort of personal use, be it

In today’s labour market, there are many stressful jobs. There are also jobs that are physically straining. But at what point is an employer liable for illnesses (mental or physical) which are a result of employees performing their job duties? Employment Standards set out mandatory policies for Health and Safety. Particularly, in workplaces that are

Many servers in Ontario and elsewhere are all too familiar with the problems of ‘tipping out’. Initially, a practice used to ensure that hostesses, busboys and kitchen staff benefitted from great food and great service, ‘tipping out’ is slowly being used to benefit another party: the owner/franchisee. Servers already are paid less than minimum wage, with

Both workers and employers have to be careful about unpaid internships. As the job market stagnates unpaid internships are becoming increasingly common as workers look to get hands-on training and companies look to vet potential talent. Although Statistics Canada does not keep track of how many unpaid internships there are in Canada although some Labour Activists