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Category: Departing Employees

What a great country: getting paid by two employers at the same time

By , May 25, 2017 2:30 pm

Wrongful dismissal damages are normally subject to mitigation, which means that income from a new job after termination is deducted from the damages a terminated employee can recover from their previous employer. For example, if an employee earning $ 60 000 is entitled to six months notice of termination (or $ 30 000 pay in 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…

How to get around a termination clause

By , February 22, 2017 2:58 pm

You may have signed an employment contract with a termination clause. You may be wondering whether you are only entitled to the amount set out in this termination clause. The short answer is…it depends. There are a number of ways to attack a termination clause. If successful, you could be entitled to more termination pay than Continue Reading…

Resignation vs. Termination: The $64,000 (or more) Question

By , February 10, 2017 2:44 pm

Employers prefer it when an employee resigns because the employee is not entitled to any termination pay. To be valid, a resignation must be voluntary, clear and unequivocal; otherwise a so-called resignation could in fact be a termination, in which case the employee is entitled to termination pay. A contested resignation often takes place when an Continue Reading…

Can I go back to school to retrain after my employment has been terminated?

By , January 3, 2017 3:01 pm

Once an employee’s employment is terminated, the person is required to mitigate by seeking alternative employment. We often get asked by long service employees who have just been terminated if they may go back to school to retrain, so that they can compete with younger members of the workforce that may have more education. As Continue Reading…

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