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Category Archives: Layoffs

Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]

Don’t Make Assumptions About Employer Rights

Unfortunately, we are often consulted by employers that entirely misunderstand the nature of the employment relationship and assume that they have the right to do almost anything they want without repercussion. In many cases, they act accordingly, and expose themselves to substantial liability. While every employer is entitled to run their business, and to make appropriate managerial decisions, my recent […]

Economic Circumstances as a Factor in Assessing Notice of Dismissal

  Employment Law is an area inextricably linked to the state of the economy. In good times, employers are hiring. In bad times, they downsize. In my latest Canadian HR Law blog post, I discussed whether an employer’s economic circumstances can be used to reduce notice of dismissal or severance obligations. Recently, I discussed the fact that a court had taken […]

Temporary layoffs: The courts giveth, and the courts taketh away

In my latest Canadian HR Law Blog Post, I discussed the law regarding temporary layoffs, which often confuses both employers and employees. Despite the wording in Employment Standards legislation regarding accepting lengths and terms of temporary layoffs, employers should not assume that they have the right to lay workers off due to lack of work, and employees should not assume that […]

Employment Law: The courts giveth, and the courts taketh away

The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on […]

Dropped calls: Ministry of Labour doesn’t always give the full story

How would you feel if you called the Ministry of labor in order to get their advice regarding how much termination pay to provide to one of your employees, followed their advice exactly, and then found yourself being sued for wrongful dismissal? Or, as an employee, what would you think if you contacted the Ministry of labor to ask about […]