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Category: Reasonable Notice

Getting terminated during a medical leave

By , August 11, 2017 9:00 am

Generally speaking, if an employee is terminated without just cause they are entitled to receive “reasonable notice” of termination unless they have agreed to accept a specific amount of notice of termination. An employer can provide working notice or termination pay in lieu of this notice. What happens when an employer provides working notice of 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…

Wrongful Dismissal: the Retail Restructuring Edition

By , June 9, 2017 11:22 am

Recently, the National Post reported that the Hudson’s Bay Co. is eliminating 2,000 positions due to changes in the retail sector. Over the past few years, we have seen employees terminated from the Bay, Sears, Future Shop and Target to name a few. This retail restructuring can leave many employees without work and potentially without 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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