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“You Can’t Fire Me, I Quit!” If You Resign During Your Notice Period You Can Still Get Severance

In general, when an employee quits their job they are not entitled to termination or severance pay. But, what happens if an employee resigns after receiving notice of their termination? Are they still entitled to anything? In most cases, when an employer terminated an employee it chooses to provide termination pay in lieu of notice …

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Filling in the Gaps: Continuity of Service and Gaps in Employment

When determining the reasonable notice period of a terminated employee, one of the major factors of consideration is length of service, along with other factors such as age and nature of position.  The longer an employee has worked for an employer, the more notice (or pay in lieu thereof) they are generally entitled to upon …

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Confusion Over Severance? You Might Be Owed More Than You Think

A ‘severance package’ is a common phrase used to describe what an employee receives when they are let go by their employer. While in literal terms, this term can be used to describe a sum of money paid when the employment relationship is severed, it often creates confusion for employees when assessing the amount of …

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Special Rules for Mass Terminations

Note:  The following blog post describes the law for a situation where the employer intends to permanently downsize. For information about temporary layoffs from the closure of retail establishments due to the COVID-19 pandemic, please go to Temporary Layoffs in Ontario Due to Coronavirus and Employee Rights. News of multinational retailers closing establishments across Canada …

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Harassment in the Workplace: What Can Employees Do?

Harassment in the workplace has been a hot topic within the media as of late. Significant allegations have arisen in Hollywood and elsewhere regarding abuse suffered by actors and vulnerable workers that have started a debate regarding the abuse of power that often occurs within the workplace. Workplace harassment is not new. It is an …

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Temporary Layoff or Termination?

With new changes to legislation and employers ever-growing concerns for profits, employees now more than ever, need to know their rights. The question that will be examined further is whether temporary layoffs are permitted. The first and most crucial information to know is that employers DO NOT have an automatic right to temporarily layoff (“TLO”) …

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Minimum Wage for Federally Regulated Employees

What’s the minimum wage for federally regulated employees? Given the recent discussions around Ontario’s wage increase, a lot of people have been left asking how it might affect them, including federally regulated workers. We have previously defined who federally regulated workers are. And also Monkhouse Law provides access through access to information requests of the largest …

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Non-Solicitation Clauses/Agreements

Non-solicitations clauses or agreements are meant to protect the employer from having its customers, clients, suppliers, or other employees recruited/solicited by a departing employee.  You may find one of these clauses in your employment contract and wonder how enforceable it may be, especially if you have brought in a significant amount of business for the …

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