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What Happens when a Wrongfully Dismissed Employees Passes Away during the Notice Period?

When an employee is terminated without cause they are presumptively entitled to reasonable common law notice of the termination of their employment. In most cases, this means the employee is entitled to a package – which takes into account the employees age, years of service, character of employment and availability of similar employment – known …

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Sale of a Business – Toronto Employment Lawyer

Businesses are frequently bought and sold.  The structure of the sale can affect the liability for employees’ severance entitlements. It is important for both employers and employees to understand whether the previous or current owner is required to provide severance pay to dismissed employees. Generally speaking, businesses can be sold in one of two ways: …

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Can I Be Fired When I’m On Disability Leave? Clarifying the Concept of Frustration of Contract

Human Rights laws protect an employee from being terminated due to a disability. We often hear concerns from employees on a disability leave regarding whether they can and will be terminated from their job. The answer depends on the specific fact scenario, as well as the legislations and recent case laws. What is Frustration of …

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Just Cause Terminations: Terminated for Poor Performance?

Sometimes there has been a breakdown in the employer-employee relationship, such that it results in termination with allegations of “just cause”. When an employer alleges cause for your termination, they do not have to provide you with notice. Typical reasons for “just cause” terminations can include: stealing, lying, falsifying records, fraud, disclosing private, confidential information, …

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An Employer’s ‘Duty to Inquire’ – Toronto Employment Lawyer

Let’s say you are an employer.  Consider a scenario where one of your employees has suddenly been showing up late, being absent altogether, insubordinate, or emotionally unstable, all of which have contributed to performance issues at work. At what point, before disciplining or terminating that employee, is an employer required to ask them whether they …

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Don Cherry and Bill 47 – Toronto Employment Lawyer

Close to the end of Kathleen Wynne’s time as Premier of Ontario, the Liberal Party brought relatively sweeping changes to workplace law in Bill 148. Some of the more talked-about changes included: increase in minimum wage up to $15 per hour by 2019, employee’s entitlement to two paid sick days per year, increase in vacation …

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How Do I Explain My Termination in a Job Interview? Toronto Employment Lawyer

When commencing a wrongful dismissal lawsuit, an employee has a duty to mitigate their damages; meaning they are required to attempt to decrease their losses by going out and finding a new comparable position. That said, many people find it difficult to find a new job if they have recently been let go.  They have …

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Ambiguity & Fixed-term Contracts – Toronto Employment Lawyer

Having clear and precise language is the foundation of any good employment contract. Particularly within fixed-term contracts, the liability for terminating an employee may be much higher if the contract is not valid. We discussed one of the ways that ambiguity can impact fixed-term employees in a previous blog, but how exactly is ambiguity interpreted …

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What to do if you’ve been denied LTD Benefits – Toronto Employment Layer

If you’ve been denied long term disability (“LTD”) benefits and you are still unable to return to work, there are a number of options available to you, for instance: 1. Appeal. Read your denial letter, and determine the reasons for the denial. Often, more medical information is needed, and it can just be a simple …

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