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Posts tagged: Barrie Employment Lawyers

Fired? What to Know Before You Sign

By , July 20, 2018 11:55 am

At face value, anything under official letterhead seems legal and final.  However, the conditions of your termination may well be negotiable. So, while being fired can be a confusing and stressful time, it is absolutely crucial that you read and consider the information contained in the severance package that was presented to you by your employer before signing anything.  Contrary to how you may be feeling, you may still have a great amount of power in negotiating the very best severance package possible. With the help of an experienced employment lawyer, your termination could actually be transformed into increased compensation and future opportunities.

Severance packages are contracts created by employers and their lawyers that dictate the conditions of your termination.  Like the employment contract you signed upon accepting your job offer, severance packages can alter and change your rights, and are created in the interest of the employer.  

Your employer may think you have a valid termination clause when you in fact do not.  Or your employer could be offering you much less than you could receive in court. Your employer may be asking you to “release” possible future claims.  Do you know what claims you could have? You may be able to receive more money, longer lasting benefits, a more favourable reference letter, or other conditions that will allow you to move forward gracefully.  These conditions are often difficult to spot and understand, but can be extremely important for you.

At MacLeod Law Firm, we are experts in employment, labour, and human rights law.  We can review your severance package to ensure that your interests are being protected.  If you have questions after being fired or about your severance package, you can contact us at [email protected] or 647-204-8107.

“The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.”

Do You Have An Obligation To Look For A New Job After Being Fired?

By , April 5, 2016 10:00 am

The Basics

A wrongful dismissal occurs when an employer does not provide you with enough notice of termination. Most employers do not provide any notice of termination.

In a wrongful dismissal action, you can claim damages against your former employer equal to the value of the pay and benefits you would have earned during the applicable notice period.

During this notice period, you have a legal obligation to take reasonable steps to look for a new job. This is called your “duty to mitigate”.

In addition to looking for a new job it is important to keep a record of your job search efforts, particularly if you are planning to sue your employer for wrongful dismissal. You should update your resume (if it has been a long time since you last had to search for a job, consider attending a seminar on resume writing, or consulting with a career counselor). Once you begin searching for work, you should keep a job search journal in which you record all the applications you made, the responses you received, any follow-up actions you took and all the things you did when looking for a new job (such as visiting a career counselor or attending a seminar on resume writing). You should also keep a copy of all the applications you made. It is important to keep a record as you will have to show a judge that you tried to find a new job. Otherwise, a judge may refuse to order any damages because you failed to mitigate your damages.

A Cautionary Tale

In Plotogea v Heartland Appliances Inc., the judge concluded Mr. Plotogea had been wrongfully dismissed and that he was entitled to nine months’ notice of termination. However, the judge noted that Mr. Plotogea’s efforts to find alternate employment were inadequate and only ordered the employer to pay him two months’ damages.

In coming to this conclusion, the judge noted Mr. Plotogea submitted a list of 125 companies which he stated he visited. However, he did not provide any details for his visits, such as dates or the names of people with whom he spoke at these companies. He stated that he simply dropped his resume off at the front counter, and he did not follow up with any of these companies. He claimed he was not provided with an application form to fill out at any of these companies, and that he was unable to find any advertised positions on his own. The judge commented that even if he did attend at all these businesses and dropped off his resume, he was not surprised that there was little response from the companies as his CV was amateurish.

Conclusion

This case illustrates why it is important to keep a record of everything you do in connection with finding a new job after your termination. If you have been recently terminated, you should consult a lawyer to make sure you abide by any other obligations you may have after your dismissal.

If you have any questions about your legal rights in the workplace, one of our lawyers would be happy to meet with you. Please call 647-204-8107 or email [email protected].

“The material and information provided on this blog and this website are for general information only and should not, in any respect, be relied on as legal advice or opinion. The authors make no claims, promises or guarantees about the accuracy, completeness, or adequacy of any information linked or referred to or contained herein. No person should act or refrain from acting in reliance on any information found on this website or blog, without first retaining counsel and obtaining appropriate professional advice from a lawyer duly licensed to practice law in the relevant jurisdiction. These materials do not constitute legal advice and do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.”

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