The enforceability of termination clauses in employment agreements in Ontario is highly litigated and discussed topic, having significant implications for both employers and employees. The difference between an enforceable and unenforceable termination clause in an employment contract can mean the
Understanding Wrongful Dismissal
A wrongful dismissal or wrongful termination from employment is a term used in employment law that is often used by employees that contact our law firm. A wrongful dismissal does not mean that you were fired for an illegitimate reason. Though in the context of a termination for cause, if an employer
Severance Package Issues for Executives
If you are a long-standing employee for a company in a senior position, your entitlements to a severance package on a without cause termination of employment may be substantial. Employers may include deadlines in their offers of severance, as a means of pressuring a terminated employee to hastily
Terminating a Fixed-Term Contract
If you are an employee of a company, it is likely that you are working for the employer in accordance with the terms of an employment contract. A standard employment contract that does not indicate any 'term' or length of employment, is presumed to be of "indefinite duration." An indefinite duration
Is Your Severance Package Fair?
Many employees that have worked for extensive durations with the same employer are terminated without cause and without warning. We have represented clients that have worked for over 30 years for the same employer. What often amazes me is that those employees often blindly trust their former
Will I Receive Any Funds If I Do Not Sign An Initial Severance Offer?
Clients call Goldstein Law Firm on a daily basis after being terminated from their employment. One of the common questions we receive from people is - if we do not accept the initial severance offer and alternatively enter into a negotiation or litigation against our former employer for wrongful
Termination for Cause – Recent Example
As we have discussed previously in this blog, terminating an employee for just cause has been considered the 'capital punishment' of employment law. As such, the employee ought to have displayed misconduct so egregious to justify such a termination. The onus of proving just cause is on the
What Are An Employment Lawyers Fees?
Employers will typically underpay your severance package, relative to your entitlements under the Employment Standards Act ("ESA") and common law in Ontario, as the employer hopes that a terminated employee will not seek legal advice to enforce their rights to a full severance package. If you hire