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What constitutes job abandonment? Job abandonment is when an employee persistently refuses to attend work or explain their absence. In order for an employer to terminate an employee for job abandonment, the employee’s intention to abandon their position must be made clear. There is no specific length of time stipulated within the employment legislation in …

Unexplained Absences and Tardiness: When Does It Become Job Abandonment? Read More »

Within all aspects of society, we are governed by a variety of rules, regulations and standards which attempt to avoid chaos, however sometimes in the application of these rules, regulations and standards, they can seem arbitrary and even amount to discrimination. Regardless of your profession, discrimination is found across all fields and workplaces impacting a …

Discrimination in the Workplace – Toronto Employment Lawyer Read More »

Coronavirus and EI – April 14, 2020 Update Due to the coronavirus pandemic, changes have been made to the Employment Insurance rules for employees that are required to self-quarantine. Employees can make a claim for sickness benefits when medical reasons are preventing them from working. Find out more about temporary and longer-term income support government …

Terminated for Cause? Why You Should Still Apply for Employment Insurance Read More »

This year Ontario’s highest court has revisited and expanded an employee’s ability to receive the incentive based compensation when they have been terminated by their employer. The Court of Appeal in Paquette v TeraGo Networks, 2016 ONCA 618 (CanLII) set the test to determine if there is entitlement to incentive programs, or bonuses, during notice …

Court of Appeal Expands and Clarifies Law on Incentive Programs During Notice Period Read More »

A common question we often receive is, “What happens if I was fired but I never received a performance review?” As performance reviews are an assessment of an employee’s job performance, it is understandable to want to know where you stand with your employer. Communication is key in all relationships, and when your employer is …

Are Performance Reviews Mandatory in the Workplace? Read More »

Deadlines for long-term disability (LTD) claims involve more complexities than many claimants (also known as “insureds”) realize. An initial denial of a claim may or may not trigger the two-year period, called the limitation period. The limitation period is the time in which the insured must file a claim in court. As it turns out, …

Long-Term Disability Limitation Periods – Get a Lawyer Who Does LTD Often Read More »

The employment relationship can be complicated at times. The general rule is that an employer contracts an employee for an indefinite period of time to complete specific work and will be paid accordingly for the work completed. This is how the majority of society operates within their professional lives 1.  What happens when an employer …

Think Before You Terminate – Toronto Employment Lawyer Read More »

When someone signs a fixed-term employment contract, they know that their employment relationship is intended to only last for a specific and definite time period. Upon completion of this time period, the fixed-term employment relationship can either be renewed or ends. However, what happens if the employer decides to end your contract early? What are your …

Termination of Fixed-Term Contract Employees – Toronto Employment Lawyer Read More »

The Supreme Court of the United States recently decided Janus v. American Federation of State, County, and Municipal Employees, Council 31, 585 U.S. _ (2018) (“Janus”). The decision, which has been widely described as “devastating” for public sector unions in the United States, serves to highlight important differences between the Canadian and American approaches to …

Janus Decision Highlights Differences Between Canada and United States – Toronto Employment Lawyer Read More »

In 2006, when Ontario abolished mandatory retirement, employers were still able to terminate benefits for workers who turned 65, due to a section of the Human Rights Code (the “Code”) that permits pension and benefit plans to treat workers older than 65 and younger than 18 differently than their colleagues. Recently, however, the Human Rights …

Human Rights Tribunal of Ontario Finds Human Rights Code Provision Unconstitutional Read More »