The concept of at-will employment does not exist in Canada. Unless one signs a fixed-term contract, most employment in Canada is considered to be for […]
At Will Employment Canada: Know Your Rights Read More »
An employer may be able to demote an employee, but a significant demotion imposed without the employee’s agreement can have legal consequences. A demotion that
Can Your Employer Demote You? Read More »
“Totally disabled” is a legal term with a special meaning. Generally, the definition of “totally disabled” in Long Term Disability policies is: If the employee
What is the Meaning of “Totally Disabled”? Read More »
Employees will often be offered termination papers, a severance package, or a separation agreement when they are being let go from a job. Employers may
What Happens When You Don’t Sign Termination Papers? Read More »
In Ontario, maternity leave is referred to as “pregnancy and parental leave” in Ontario’s Employment Standards Act, 2000. In this article, we will review the
Maternity Leave in Ontario: Employer Obligations Read More »
If you have been terminated, one of the first questions you may have is: How much severance should I get? There is no single amount
How Much Severance Pay Should I Get In Ontario? Read More »
No. Being laid off is not necessarily the same as being terminated under Ontario employment law. A termination permanently ends the employment relationship, while a
Is Being Terminated the Same as Being Laid Off in Ontario? Read More »
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 »
We discuss the rights that employees have when a non-unionized business shuts down in Ontario. What happens to employee rights when a company closes? Employment
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 »
If your employer gives you working notice of termination, you may wonder whether that replaces any severance pay you would otherwise receive. For employees who
Is Severance Pay Owed in Addition to Working Notice in Ontario? Read More »
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 »
Severance pay is mandatory in Ontario when an employee meets the eligibility requirements under the Employment Standards Act, 2000 (ESA). However, not every employee who
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 »
No, you generally do not have to sign a severance agreement immediately simply because your employer has given you a deadline. If you have been
Do You Have to Sign a Severance Agreement Right Away in Ontario? Read More »
