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Category: Constructive Dismissal

Reviewing a Severance Package: What to Expect from an Employment Lawyer

By , March 7, 2018 12:26 pm

You have just been terminated. You have been given a week or so to accept a severance package but you don’t know if it is fair. That is where we come in. We Tell You Whether Your Termination Package is Fair We only do employment law and we review 100s of severance packages each year. Continue Reading…

Have you Been Terminated Due to Poor Performance Under a Performance Improvement Plan (PIP)?

By , August 11, 2017 2:07 pm

The objective of a Performance Improvement Plan (PIP) is to help an employee identify and correct weaknesses in their performance. Nevertheless, employers are not always motivated by sincere intentions when implementing PIPs. Employers frequently use PIPs as a tool to protect themselves against wrongful dismissal claims by creating a paper trail that appears to justify termination. Continue Reading…

I Quit, Can I Sue My Employer for Constructive Dismissal?

By , June 19, 2017 11:49 am

We are often asked the question: “can I sue my former employer for constructive dismissal?”  The answer is maybe. A new Court of Appeal decision confirms that whatever change in working conditions that occurred, it must be the reason you quit.  Otherwise, you are out of luck. What is Constructive Dismissal? Generally, constructive dismissal is Continue Reading…

Do I Have to Accept a Demotion if My Job is Eliminated?

By , April 28, 2017 8:59 am

When an employee is terminated, the employee is required to minimize lost income by seeking alternative employment. What happens if your former employer offers to give you another job but at a reduced salary? Are you required to accept this demotion? This situation was recently considered by the Ontario Court of Appeal The Case: Fillmore Continue Reading…

Is Failing to Pay a $329K bonus Constructive Dismissal?

By , March 24, 2017 9:09 am

In a recent decision, Chapman v. GPM Investment Management, the Court of Appeal for Ontario (ONCA) said no. Facts In this case, the employee’s contract provided for a bonus to be calculated on the company’s pre-tax income. Prior to the employee starting his position, the employer, GPM, purchased some land as an investment.  GPM made Continue Reading…

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