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Category: Departing Employees

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…

Can I go back to school to retrain after being terminated?

By , June 12, 2017 8:37 am

As we have written before, once a person’s employment is terminated, that person has a legal obligation to look for alternative employment. We often receive calls from recently-terminated long service employees who ask us whether they can go back to school to retrain so that they can compete with younger members of the workforce. A Continue Reading…

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…

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