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Category: Departing Employees

A No Cost Process for Claiming Damages If You Are Fired for Asserting Your Employment Rights

By , August 25, 2017 11:54 am

If you are punished for asking your employer to comply with the Employment Standards Act there is a no-cost complaint process available to you. In particular, you can file a complaint with the Ontario Ministry of Labour and an Employment Standards Officer will investigate your claim at no cost to you. Riverdale Hospitality Inc. v. Continue Reading…

What kind of damages are you entitled to if your employer makes frivolous allegations about you?

By , August 22, 2017 9:12 pm

As we have written before, an employer may generally terminate an employee for any good business reason as long as it provides the employee with adequate notice of termination (or pay in lieu of this notice). Failure to provide adequate notice results in a wrongful dismissal. However, if an employer has ‘just cause’ for the termination, Continue Reading…

Can an Employer Give Working Notice to Employees who are Incapable of Working?

By , August 9, 2017 10:00 am

When an employee is terminated, instead of providing pay in lieu of notice, the employer may ask the employee to continue working during the notice period. This is known as “working notice”. In general, an employee is legally obligated to comply with their employer’s request to continue working. However, a recent decision by the Ontario Continue Reading…

What kind of notice of termination am I entitled to if I have signed an employment contract?

By , July 17, 2017 9:10 am

What kind of notice of termination am I entitled to if I have signed an employment contract? The answer is it depends on several factors, including whether the contract contains a termination clause and whether that clause has been drafted properly. Many employment contracts contain a termination clause that limit employee’s right to notice of 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…

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