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Are You Being Solicited To Join Another Company?

Are You Being Solicited to Join Another Company?

  • July 31, 2017

Be Alert to the Termination Provisions in the Employment Agreement A company may ask a prospective employee (“employee”) to sign an employment agreement containing a termination provision prior to commencing employment. The offer of employment will be conditional upon the…

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Wrongful Dismissal – Do I Get My Bonus?

Wrongful Dismissal – Do I get my bonus?

  • July 24, 2017

If an employee is terminated and their remuneration package included a bonus component, they should vigorously pursue their claim for damages for the loss of the bonus(es). If payment for the bonus(es) is not included in the Company's proposed severance…

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Terminated – The Loss Of Disability Coverage

Terminated – The Loss of Disability Coverage

  • July 24, 2017

It is prudent  for an employee to obtain individual critical illness insurance and/or individual disability insurance. The reason for this is that if  the employee's  employment is terminated, their  insurance coverage for disability benefits  (assuming they have coverage through their…

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Terminations & Employee Pension Plans

Terminations & Employee Pension Plans

  • July 21, 2017
When an employee is terminated without cause, the employee is entitled at common law to their salary and benefits that they would have received had they not been terminated, throughout the reasonable notice period, subject to any deduction on account of mitigation.
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Letters Of Reference & Wrongful Dismissal

Letters of Reference & Wrongful Dismissal

  • June 20, 2017
A letter of reference is a key term in a wrongful dismissal matter. It would be prudent in most situations to include the actual letter as a term of the settlement. Attach it as an appendix, along with a provision that the oral references are consistent with the content of the reference letter. In some situations, it is stipulated that the oral references are confined to what is stipulated in the reference letter. This way you have made the reference letter and the oral references an actual term of the settlement.
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Violence In The Workplace – Just Cause Not Found

Violence in the Workplace – Just Cause Not Found

  • March 17, 2015

In the 2014 Ontario case of Phanlouvong v. Northfield Metal Products (1994) Ltd., the Court found that punching a co-worker in the face did not constitute just cause and therefore, awarded the Plaintiff damages equivalent to 15 months pay less…

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Senior Executive Recruited And Wrongful Dismissal

Senior Executive Recruited and Wrongful Dismissal

  • March 12, 2015

Mr. Rodgers spent his entire professional career in the trucking, freight forwarding and logistics industry. In September, 2009, Mr. Rodgers was 52 years of age and the President of Sameday Worldwide earning a salary of $189,000 plus bonus when he…

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