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 […]
Owner Operator Truck Driver Allowed to Proceed In Court with Misclassification Claim Read More »
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
Employee Rights When Company Closes Down Read More »
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
Unjust Dismissal: What You Need To Know Read More »
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
OLRB Decision Finds Commissioned Employee Entitled to Overtime Pay Read More »
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
Class Actions in Employment Law – Current Developments and Upcoming Issues Read More »
A legal claim is discoverable at the point in time when a Plaintiff becomes aware of the facts underlying the claim. From this date, the
Limitation Periods in Employee Misclassification Cases Read More »
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
The short answer is yes, an employer has the discretion to fire an employee even if they are on short-term disability in Ontario. The long
Can You Be Fired While On Short Term Disability In Ontario? Read More »
When a non-unionized employee is terminated without cause in Ontario, they are entitled to termination pay and sometimes, severance pay. “Severance pay” and “termination pay
Is Severance Pay Mandatory In Ontario? Read More »
In Ontario, termination with cause is sometimes also referred to as termination for cause, dismissal with cause, or just cause termination. Termination with cause is
Termination With Cause Ontario: What You Should Know Read More »
Stock options, restricted share units (“RSUs”), long-term incentive plans (“LTIPs”), bonuses, and other non-traditional compensation structures can comprise a large portion — even a majority
Executive Compensation – What Are Your Options in Canada? Read More »
Generally, employers are not permitted to interfere with the off duty conduct of an employee or impose any form of discipline for off-duty conduct, with
Drug and Alcohol Testing In The Workplace Read More »
Employees can often feel powerless in the face of workplace harassment, particularly if the comments or actions are coming from a superior. Read on to
Workplace Harassment Ontario: What To Do If You Are Experiencing Workplace Harassment Read More »
Termination clauses in employment contracts are an employer’s best defense against owing significant notice to employees upon termination. The recent Ontario Superior Court decision of
Monkhouse Law Successful in Arguing Termination Clause Unenforceable Read More »
Like nearly every aspect of life, the way litigation is conducted has been drastically altered by the COVID-19 pandemic. As recent case law and practice
Tips For Successful Virtual Discoveries Read More »
If your employer is not accommodating your disability, you may have legal rights under Ontario law — and your employer cannot simply ignore your limitations
Failure to Accommodate Disability in Ontario: Your Rights as an Employee Read More »
If you have just been terminated and offered severance pay, you may feel pressured to sign a severance package under stress within an unreasonably short
Severance Package: Beware of Employer Pressure & Time Limit for Signing Read More »
Workers are often offered compensation in their employment package which is separate from wages and benefits. This can include long-term incentive plans (LTIP), stock options,
Supreme Court Is Clear: Reasonable Notice Much More Than Lost Wage Read More »
If you’ve faced punishment or threats at work after asserting your rights, you may be the victim of reprisal — and possibly wrongful dismissal. Canadian
Reprisal or Wrongful Dismissal? Understanding the Difference Read More »
Short-term disability insurance is an income replacement for employees while away from work for a brief, defined period and are unable to perform their own
Short Term Disability Ontario: Know Your Rights Read More »
If you can’t work due to illness or injury, long-term disability (LTD) benefits may replace part of your income. Unfortunately, many Ontario employees face LTD
Long-Term Disability in Ontario: How LTD Benefits Work Read More »
An employee’s entitlements to notice on termination, either their minimum entitlements under the Employment Standards Act (ESA) or common law reasonable notice, are primarily dependent
Continuity of Employment and Calculating Notice of Termination Read More »
Most employers hire employees on a contract for an indefinite term. Some employers, however, hire employees on a contract for a fixed term, called “fixed-term
Contract Employees Ontario | What You Need To Know Read More »
Given the current economic climate, hiring employees with fixed term employment contracts may appear quite appealing because business needs may change by the end of
Fixed Term Employment Contract and Damages on Termination Read More »
