The #MeToo movement found itself again in headlines recently with an American Supreme Court nominee being at the centre of sexual assault allegations. While the alleged assault did not occur in a workplace, it raised questions as to whether this nominee was able to properly take office in the job he was nominated to in …
Sexual Assault and the Civil Courts – Toronto Employment Lawyer Read More »
In a nutshell, the answer is yes, if your employer has just cause. If the alleged misconduct rises to the level of cause, you will not be entitled to notice or pay in lieu of notice of your termination. This means you will not receive a severance package. The standard for just cause is generally …
Just Cause: Can My Employer Terminate Me Without Notice or Pay? Read More »
A fiduciary duty is a legal obligation of one party to act in the best interest of another. The obligated party would be labelled a fiduciary, someone entrusted with the care of money or property. This is a duty of loyalty and good faith. Do all employees have a fiduciary duty? No. The mere existence …
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 »