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Category: Wrongful dismissal

How to Prove Mental Distress: An Update

By , June 23, 2017 10:15 am

Did you know that if an employer mistreats an employee either during their employment or at the time of their termination, that employee may be entitled to damages for mental distress? For example, an employee may be entitled to these damages, in addition to wrongful dismissal damages, if they can prove that they suffered mental distress as 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…

Was I Just Fired? Understanding Your Employer’s Words and Actions

By , May 3, 2017 3:41 pm

Normally, an employee knows if he has been fired. The employer sits him down, provides a termination letter and often offers a severance package.  However, on occasion, an employer’s conduct is confusing. We regularly meet with clients who want to understand whether they have been constructively dismissed or terminated. For more information about constructive dismissal, 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…

Another Termination Clause Bites the Dust

By , April 19, 2017 9:13 am

You may have signed an offer of employment or an employment contract before you started it work. If so, it could have a termination clause. Many termination clauses attempt to limit how much termination pay an employee will receive. As we have written before, if the termination clause is poorly drafted, the judge will not Continue Reading…

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