An employee is entitled to common law notice in Ontario if they are terminated from without cause and they do not have an enforceable termination clause in their employment contract. By default, all non-unionized employees in Ontario (and Canada) are entitled to common law notice of termination of employment. Every contract of employment in Ontario …
Employment Law
Employment Lawyer: Basics An employment lawyer works with his or her clients on interpreting, advising and litigating legal issues concerning work. An employment lawyer can work with both employees and employers, although some employment lawyers choose to work with employees only or employers only. Like some other firms, Dutton Employment Law works with both employees …
Question: How much severance am I owed in Ontario? Lawyer Answer: The first thing we do when calculating how much severance an employee in Ontario is entitled to is to check their employment contract for a termination clause. If the employee has a termination clause in their contract, then we determine what it promises in …
If you landed on this blog post, you are probably looking to retain an employment lawyer or employment law firm, and you are doing your due diligence. Good for you. Never hire a lawyer without doing research. You need to be meticulous. If you are an employee, you are trusting someone with one of the …
In addition to paying base salary over the reasonable notice period (i.e. the severance period), must an employer pay an employee their usual commissions over the reasonable notice period? Yes, an employer is generally required to pay commissions over the whole reasonable notice period if the mode of remuneration of an employee usually includes commissions …
What is a Performance Improvement Plan? A performance improvement plan or “PIP” is a document that employers give to employees that can serve a mixture of two goals: (1) actually helping the employee improve and/or (2) building a case to terminate the employee. Frist, a PIP helps an employee improve by setting out what is …
What is a non-competition clause? A non-competition (or non-compete) clause is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment. Without a non-compete clause, there is no prohibition against an employee competing with his or …
Wrongful Dismissal Ontario FAQ A wrongful dismissal in Ontario is when an employee is terminated without enough “severance”*. What is severance? Employers have to provide advance warning to employees that their employment is going to be terminated otherwise it is a wrongful dismissal. However, employers can just pay employees money in lieu of advance warning of …
Ontario severance pay can mean one of three things: (1) “statutory Ontario severance pay”, (2) “common law Ontario severance pay” and (3) “severance pay according to your employment contract”. How much severance pay in Ontario am I entitled to? The amount of Ontario severance you are entitled to depends on which kind of severance applies …
Is Drinking at Work Just Cause for Termination? Employees can be terminated at any time for any reason so long as the employer provides notice. However, in certain situations employers can terminate employees without notice if they have “just cause” to terminate the employee. Thus, the question becomes, does drinking at work constitute “just cause”? …