With the aging of our population, a number of workers that have been employed by the same company for a long-period are either entering into retirement or oftentimes, are terminated due to a restructuring, as companies seek to bring on new, younger employees. In determining how much severance is
Is the deadline in my severance package enforceable?
The short answer is NO. Clients frequently call our employment law firm following a job loss advising that they only have one or two days to return their severance package or they would lose the offer from the company. This is not accurate. Your legal rights do not expire at some pre-defined and
Lowes Closing Stores – Employment Terminations in Ontario
A report has been recently published in the National Post that Lowes, a large home improvement retailer will be closing up to 31 stores in Ontario. Employment terminations are sure to result from these store closures. Before signing a Release, ensure you consult with an employment lawyer to
Employment Standards Act Obligations
Under the Employment Standards Act (ESA), employers are required to provide employees minimum entitlements upon the termination of employment, which includes but are not limited to the following: -Up to a maximum of 8 weeks of termination pay, calculated as one-week of termination pay per year
Termination for Cause
Just cause terminations have been considered the 'capital punishment' of employment law. The employer bears the evidentiary burden to prove that the alleged misconduct satisfies the high threshold of just cause dismissal. The employer must prove that the act(s) or omission(s) of the employee are so
Severance Pay vs. Termination Pay
Under the Employment Standards Act in Ontario, provisions are made for both severance pay and termination pay, two (2) concepts that many individuals are confused by. With respect to termination pay, an employee terminated without cause, is entitled to one-week of termination pay per year worked up
Severance Pay and Inducement
When an employee is terminated from their employment, the severance pay calculation is based on a number of factors, including but not limited to age, years of service, job titles, availability of replacement employment, and inducement. Inducement refers to a situation where an employee was
What Are Your Employers’ Obligations on Termination?
Employers have various obligations upon terminating an employee from employment, including but not limited to complying with the Employment Standards Act, 2000, S.O, 2000, c.41 in Ontario. If you have been terminated from your employment without cause, your employer is required to pay a minimum