severance pay ontario, deceased employee, severance package, employment lawyer

Is a Deceased Employee Entitled to Severance Pay?

A deceased employee is entitled to severance pay only under specific circumstances. What is Severance Pay? Severance pay is given to long-term employees that have had their employment “severed,” and is meant to compensate an employee for intangible losses such as loss of seniority. This type of pay is different than termination pay, which is given to employees in lieu of the required notice period an employee is entitled to upon receiving notice of the termination of their employment. When is Employment...

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wrongful termination lawyer, employment lawyer toronto, human rights code

When Do I Need a Wrongful Termination Lawyer?

Given the complexity of workplace relationships and employment law, many employees and employers may not know when it is best to consult a wrongful termination lawyer. Described below are some appropriate times to consult a wrongful termination lawyer to determine legal entitlements and minimize legal risks.  Termination of Employment - Hiring a Wrongful Termination Lawyer Employees that are formally terminated by their employer are typically provided written notice indicating they were terminated, information about whether the termination was with or without...

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fiduciary duty, commercial litigation lawyers, employment lawyer toronto

When Do Employees Have a Fiduciary Duty?

What is a fiduciary? A person who is required to act for the benefit of another person is considered a fiduciary. Among other things, fiduciary employees owe their employers a duty of loyalty, a duty of good faith and a duty of honesty. Even after the termination of their employment, they may be required to still follow their fiduciaries duties. What are Fiduciary duties and when do they exist? Generally, employees in management or executive positions, such as senior managers or directors,...

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human rights code, human right lawyer, human rights

Requesting an Employee’s Medical Information

This article provides basic guidelines for matters pertaining to requesting an employee's medical information by employers for work-related purposes. Employee medical information can include, but is not limited to, symptoms, diagnoses, information regarding treatment, and outlook on condition over time. It is important for both employers and employees to know their rights regarding the collection of medical information in the workplace. Reasons to Request an Employee's Medical Information There are several legitimate reasons for an employer to request medical information from...

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verbal agreements in ontario, employment lawyer toronto

Verbal Employment Agreements in Ontario

There is a common misconception that if an agreement isn’t set out in writing, then it’s not legally binding. However, the fact is that there’s no requirement that a contract must be in writing in order for it to be enforceable. On the other hand, if the contractual relationship is governed by a verbal agreement, it may be harder to enforce than a written one. The difficulty is in establishing its terms and conditions. Therefore, setting a contract out in writing...

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right to disconnect, employment law, employment lawyer toronto

What Is The Right to Disconnect In Ontario?

The rapid rise of mobile technology has blurred the line between being “at work” and “not at work” for employees engaging in work-related communications after their scheduled work hours. The line between work and home life may have become even more of a blur for those working remotely during the COVID-19 pandemic. The potentially negative effects of being constantly connected has brought the issue of the right to disconnect increasingly into the spotlight. What Is the Right to Disconnect? The term “disconnecting...

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human rights code ontario, human rights lawyer toronto

Avoiding Discrimination In The Hiring Process

While recruiting a new staff indicates that your business is growing, it can be full of potential challenges and risks. Discrimination in the hiring process is a serious issue and it is important for employers to ensure they are conducting their search for new employees in a fair and equitable manner. It is also important for potential employees to be able to spot the signs of discrimination during the hiring process and know their rights. What is discrimination in the...

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wrongful dismissal damages, wrongful dismissal lawyer, employment lawyer toronto

How Do Courts Calculate Wrongful Dismissal Damages?

When an employee has a verbal employment agreement or a written employment agreement that fails to restrict an employee’s termination entitlements, they are entitled to common law reasonable notice upon termination without cause. Where an employer fails to provide an employee sufficient notice or pay in lieu of such notice upon termination, the employee has a claim for wrongful dismissal. So, how do the courts calculate wrongful dismissal damages when it comes to determining the appropriate amount the employee...

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severance pay, pandemic, temporary layoff

Can Severance Pay Be Reduced Due to the COVID-19 Pandemic?

Severance pay is given to long-term employees that have had their employment “severed,” and is meant to compensate an employee for losses such as loss of seniority. This type of pay is different than termination pay, which is given to employees in lieu of the required notice period an employee is entitled to upon the termination of their employment. As COVID-19 continues to affect employers and employees alike, some long term employees may have been laid off or there...

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anti-vaccination employees, mandatory vaccine policy, employment lawyers toronto

Anti-Vaccination Employees vs Canadian Employers

Private employers are increasingly adopting mandatory vaccination policies as a response to the ongoing COVID-19 pandemic. These policies generally state that should an employee refuse to become vaccinated by a certain date, they are at risk of termination or will be placed on an indefinite unpaid leave. Due to the constantly changing nature of the pandemic, employees have often been left unclear on what their rights are should they find themselves terminated or placed on an indefinite unpaid leave...

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