2022-08-19 19:22
Typically, short-term employees with only a few years or less seniority get proportionally more severance than their longer-standing peers. The ...
The post Severance For Short-Term Employee… Read More
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Latest news and insight from Top Canadian employment lawyers.
2022-08-09 20:10
When an employer becomes bankrupt, the rights of its employees are impacted devastatingly. When a company goes bankrupt, of course, ...
The post Employee Rights When Employer Goes Bank… Read More
2022-07-29 15:22
Workers employed in the technology industry in a role requiring skills in technology are generally entitled to proportionally more severance ...
The post Severance For Technology Employees a… Read More
2022-07-22 20:03
When someone is terminated from their job in Canada without cause, and they do not have an enforceable termination clause ...
The post What Is Reasonable Notice? appeared first on Dutton Emp… Read More
2022-07-13 16:00
What is the difference between an offer letter and an employment contract? An offer letter is a short congratulatory note ...
The post Offer Letter Vs Employment Contract appeared first on D… Read More
2022-07-13 15:21
A recession may be coming in Canada, according to Bay Street economists. If there is a recession, there will be a rise ...
The post Severance In A Recession appeared first on… Read More
2022-06-30 23:38
What is the difference between part-time and full-time hours? There is no legal difference between part-time and full-time hours. Neither ...
The post Part-Time vs Full-Time Hours? app… Read More
2022-06-30 23:21
Employment Standards and Other Employment Law Legislation and Common Law When an employee works in Canada, they are protected by ...
The post Canadian Employee Rights When Working Remotely I… Read More
2022-06-16 20:27
If you are a small business without an employment lawyer on retainer, it can be daunting to know what you ...
The post What To Include In An Employment Contract? appeared first on Dutton Emp… Read More
2022-05-31 23:29
Employees can sue their employer for various wrongs, most notably: Wrongful dismissal Unpaid wages Human rights violations Traditional torts such ...
The post What Can You Sue Your Emp… Read More
2022-05-27 22:07
The cost of an employment lawyer depends on the type of matter and the experience of the lawyer. Minimal risk, ...
The post How Much Does An Employment Lawyer Cost? appeared first on D… Read More
2022-05-20 22:08
Victims of sexual assault at work can sue their attacker and their employer for damages (i.e. money). Employers can be vicariously ...
The post Sexual Assault In The Workplace appeared… Read More
2022-04-14 22:45
Unfair dismissal is not a legal concept in Ontario or anywhere else in Canada. Simply put, there is no such ...
The post Unfair Dismissal Is Not A Thing appeared first on Dutton Employment L… Read More
2022-04-01 16:34
Employees who are terminated without cause in Canada are entitled to severance. The amount of severance a terminated employee is ...
The post How A Wrongful Dismissal Case Works In Canada&nb&hell…Read More
2022-03-25 16:52
Individuals should apply for employment insurance (“EI”) as soon as they stop working. There is no good reason to wait ...
The post When Should I Apply For EI? appeared fir… Read More
2022-03-15 21:02
Discrimination in the workplace means unequal or different treatment or harassment towards an employee (or group of employees) that causes ...
The post Discrimination In The Workplace In Ont… Read More
2022-03-09 03:13
Ontario will announce tomorrow, March 9, 2022, that indoor settings in Ontario, including workplaces, can finally unmask, sources say. Recall ...
The post Ontario To End Workplace Mask… Read More
2022-03-02 19:53
It is March 2022. Every single covid restriction in Ontario will be lifted very soon. And with that, many employers ...
The post Can Employers Force Employees Back To Work At The Office? app… Read More
2022-02-24 20:42
🛑 Severance in Ontario is not complicated 🛑. The following 🔟 simple principles will help everyone understand what severance is, ...
The post Ten Facts About Severance… Read More
2022-02-24 18:31
The Ontario government will introduce new legislation later in March 2022 that would require employers to tell their workers if ...
The post Ontario To Require Employers Disclose Employee Mo… Read More
2022-02-18 21:01
Employers have broad discretion to assign an employee’s vacation time under Ontario’s Employment Standards Act, 2000. Although the Employment Standards Act (… Read More
2022-02-15 16:28
Employers who were reluctant to send their employees on international travel can breathe a sigh of relief. Today, the Government ...
The post Canada Changes Travel Rules appeared first… Read More
2022-02-14 20:06
Today the Ontario Government announced that it was ending vaccination requirements for all businesses effective on March 1, 2022. The ...
The post Ontario Ending Vaccine Passport System appe… Read More
2022-02-07 18:50
Various news outlets ran an article over the weekend titled, “Workplace vaccine mandates being upheld as challenges largely tossed out, ...
The post No, Workplace Vaccine Mandates Are… Read More
2022-02-04 22:18
Does an employer have a right to fire an employee with just cause for refusing the Covid-19 booster shot? In most cases, ...
The post Can Employers Force Booster Mandates? ap… Read More
2022-01-12 18:27
How much should an employer give an employee to reimburse them for the work-use of their personal vehicle? It is ...
The post How Much Should Employers Compensate For Vehicle Expenses? appea… Read More
2022-01-11 22:29
With remote work as common as it is today, many employees and employers are still wondering, is slacking off or ...
The post Work From Home and Time Theft appeared first on Dutton Employment… Read More
2022-01-11 18:00
Wrongful dismissal does not mean what you think it means. ❌ Wrongful dismissal does not mean that an employee was ...
The post What Wrongful Dismissal Is Not appeared first on Dutton… Read More
2021-12-31 21:10
If a statutory holiday falls on a weekend, then employers have to give their employees another day off with pay. ...
The post What Happens If A Holiday Falls On A Weekend In Ontario? appeare… Read More
2021-12-21 20:01
A small percentage of employers across Canada are regulated by the Federal Canada Labour Code (“CLC”), and not provincial employment standards. Employers ...
The post T… Read More
2021-12-17 21:07
Is it illegal to fire an employee when she is pregnant? No, it is not always illegal to fire an ...
The post Fired When Pregnant? Know The Law appeared first on Dutton Employment Law Read More
2021-11-30 22:12
What happens if you must take a day or two off because your child is sick with the cold or ...
The post Leave For When A Child Is Sick appeared first on Dutton Employment Law Read More
2021-11-23 23:08
Yes, a worker can quit their job due to stress and still receive employment insurance (“EI”) if they can prove ...
The post Can I Get EI If I Quit My Job Due To Stress? appeared… Read More
2021-11-16 23:28
Has your new employer asked you to deposit a check in your bank account so you can send the money ...
The post Employer Asking You To Cash A Cheque Or E-Transfer? Scam! appeared first on Dut… Read More
2021-11-12 22:13
Employment restrictive covenants are terms and conditions of employment (usually inserted in an employment contract) that restrict employees when they ...
The post Restrictive Covenants (Emp… Read More
2021-10-22 22:13
What is an employment class action lawsuit? An employment law class action is a lawsuit where a representative employee is ...
The post All About Employment Law Class Actions appeared first… Read More
2021-10-14 23:30
Yes, you can get employment insurance (“EI”) regular benefits if you have “just cause” to quit your job. However, if ...
The post Can I Get EI If I Quit? appeared fir… Read More
2021-10-08 18:29
No, in Ontario, employers cannot force their employees to come into work early for unpaid meetings or the like. Likewise, ...
The post Can Your Employer Force You To Come In Early Unpaid? ap… Read More
2021-10-08 18:13
Employers are allowed to give a bad reference in Canada. The law is clear: If an employer wants to communicate ...
The post Can An Employer Give A Bad Reference? appeared first on Dutton Emp… Read More
2021-09-30 21:40
Can An Employer Refuse Vacation Time In Ontario? Yes. As discussed below, in Ontario, employers can refuse an employee’s request ...
The post Employee And Employer Rights: Vacation Tim… Read More
2021-09-24 21:42
Some employees in Ontario are misclassified by their employers as independent contractors and denied minimum employment standards to which they ...
The post Employee Misclassification In Ont… Read More
2021-09-15 21:47
Short Answer: September 30 Holiday In Ontario No, the September 30 holiday is not recognized in Ontario. The September 30 ...
The post Is September 30 A Holiday In Ontario? appeared fi… Read More
2021-09-08 22:08
Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without ...
The post Can Your Employer Say You Were Fired? appeared first on Dutton Emplo… Read More
2021-08-12 00:22
Who Is Required to Have a Workplace Health and Safety Policy? As per the Occupational Health and Safety Act, in Ontario, ...
The post Health And Safety Policy FAQ (Ontario) appeared fir… Read More
2021-08-11 23:58
It is not always illegal to fire an employee on maternity leave. Employers can lawfully terminate an employee on maternity ...
The post Is It Illegal To Fire Someone On Maternity Leave? appe… Read More
2021-08-11 23:43
In Ontario, you cannot collect severance if you retire voluntarily, but you can collect severance if you are asked to ...
The post Can You Collect Severance If You Retire? appeared first on… Read More
2021-07-30 20:45
There is a misconception that individuals in Ontario simply cannot be let go from their job when they are on ...
The post Can You Be Fired While On Long-Term Disability? appeared first on Du… Read More
2021-07-16 18:30
In Ontario (and Canada), employment contracts as a concept are enforceable. However, not every employment contract is enforceable. Employment contracts, ...
The post Are Employment Con… Read More
2021-07-09 20:25
There is some misconception about wrongful dismissal in Ontario. Particularly, some individuals believe you to prove you were dismissed unfairly ...
The post How To Prove Wrongful Dismissal… Read More
2021-06-29 21:50
Unless they have a written employment contract that says otherwise, every employer in Ontario must give “reasonable notice” of their ...
The post Wrongful Termination In Ontario… Read More
2021-06-25 20:59
In our last blog post, we discussed ‘must have’ workplace policies in Ontario. But, in this blog post, we will ...
The post Nice To Have Workplace Policies In Ontario appeared fi… Read More
2021-06-11 19:36
In Ontario, five workplace policies are required for most employers. While most employers are lawfully required to have these five ...
The post Required HR Policies In Ontario appeared… Read More
2021-06-03 22:02
The duty to mitigate is the rule that individuals who are dismissed from work must look for a new job ...
The post The Duty To Mitigate appeared first on Dutton Employment Law Read More
2021-05-27 22:22
Generally, whenever someone in Ontario is fired before they start their first day of work, they are entitled to severance ...
The post What Happens If You Are Terminated Before Starting Work… Read More
2021-05-20 21:38
Termination And Bonus Law In Ontario Generally, yes, Ontario employees are entitled to their bonus after termination. In Ontario, employees ...
The post Are Employees Entitled To Their… Read More
2021-05-07 21:12
It is clear that workers are starting to get “Zoom fatigue” and that experts agree that one treatment for this condition is ...
The post Can Your Employer Force You To… Read More
2021-04-30 22:03
No, employers in Ontario do not have to provide benefits to employees. Rather, all Ontario employers must do, by law, ...
The post Do Employers Have To Provide Benefits (Ontario)? appeared f… Read More
2021-04-23 21:00
In determining what a reasonable severance package in Ontario is, we must discover four factors about a specific employee: The ...
The post What Is A Reasonable Severance Package? (Ont… Read More
2021-04-16 22:10
1. Decide whether you want to hire a worker in Canada or someone else located internationally The world is your ...
The post How Canadian Companies Can Hire A Remote Worker appeared first on… Read More
2021-04-08 21:20
What is Vacation Pay? Vacation pay is money paid to employees for the time they take off work. Think of ...
The post Unpaid Vacation Pay in Ontario appeared first on Dutton Employment… Read More
2021-04-01 19:16
What is a toxic workplace? A toxic workplace is a work environment where mean-spirited behaviour among coworkers reigns supreme. A ...
The post Toxic Work Environment | Legal Primer | Ontari… Read More
2021-03-24 23:52
What legally prevents a bad boss or employer? The common law of employment in Canada, provincial statutory employment standards, provincial ...
The post Things Your Boss/Employer Cannot Lega… Read More
2021-03-19 20:16
Once your business has interviewed and selected a suitable candidate, the next steps are offer and acceptance of a job ...
The post How To Legally Onboard An Employee appeared first on Dutto… Read More
2021-03-13 00:06
There are no legal requirements for declining a job offer*. Rather, the only requirements for declining a job offer are ...
The post How To Decline A Job Offer (With Example) appeared first… Read More
2021-03-06 17:29
Congratulations. You were just offered a new job. You have been provided with an offer letter/email and maybe even a ...
The post How To Accept A Job Offer (By A Lawyer) appeared first on Du… Read More
2021-02-26 23:02
Who Gets Long Term Disability? Long term disability (sometimes known as “LTD”) is a type of insurance some employers offer ...
The post Long Term Disability In Ontario (Simple Gu… Read More
2021-02-18 23:38
Until the late nineties, employees could, generally, only sue their employers for severance upon termination. There was, generally, no way ...
The post Bad Faith Damages | “Wallace&rdq&hell…Read More
2021-02-12 00:03
In layman’s terms, Vicarious liability is when an employer is liable for one of its employees’ wrongs. In other words, ...
The post Vicarious Liability For Employers In Canada ap… Read More
2021-02-03 21:40
Background checks encompassing criminal records, credit, driving history, resume and reference checks have become increasingly common for employers to conduct ...
The post The Law Of Backgro… Read More
2020-12-18 23:59
What is a Fiduciary Duty? A fiduciary duty is when an employee has a common law obligation to put his ...
The post Fiduciary Duty (Ontario Employment Law) appeared first on Dutton Empl… Read More
2020-12-18 22:20
What is the Difference Between “Termination Pay” and “Severance Pay” in Ontario? Termination pay vs severance pay is a common ...
The post Termination Pay vs Severanc… Read More
2020-12-01 20:37
You may be a job seeker looking for a reference letter, or you may be an employer who was asked ...
The post Reference Letters (How-To, Template & The Law) appeared first on Dutton Emplo… Read More
2020-11-20 21:50
After you are approved for and are receiving Employment Insurance (EI) benefits, you must complete bi-weekly EI reports showing that you are ...
The post How To Fill Out Your EI In… Read More
2020-11-14 00:32
It is an implied term of all employment contracts in Ontario that employees must be treated with “dignity and respect”. ...
The post Harassment in the Workplace appeared first on… Read More
2020-11-06 20:21
Severance for contract employees varies greatly depending on a number of circumstances. If a contract worker is an independent contractor, ...
The post Severance For Contract Employees appea… Read More
2020-11-06 19:03
Hourly employees are entitled to severance just the same as annual salary employees. There is no difference in severance “eligibility” ...
The post Severance For Hourly Employees… Read More
2020-10-30 21:04
What is a resignation letter? A resignation letter is a written notice to your employer that you are planning to ...
The post Your Guide To The Resignation Letter appeared first on Dutton Em… Read More
2020-10-21 20:45
Summary dismissal means the employer has just cause to terminate an employee without any notice or pay in lieu of ...
The post Summary Dismissal In Ontario appeared first on Dutton Employmen… Read More
2020-10-20 21:05
Long Term Disability (“LTD”) insurance policies in Canada generally have a requirement that the employee must be “totally disabled” in ...
The post The Meaning of &ld&hell…Read More
2020-10-06 21:49
If an employee who is terminated from work demands or sues for more severance, and they subsequently earn new income ...
The post What Happens To Your Severance If You Get Another Job? appea… Read More
2020-09-29 20:36
Under the common law in Canada, an employee must be terminated with reasonable notice, or pay in lieu of notice ...
The post Misconduct In The Workplace (Canada Laws) appeared first on Dutto… Read More
2020-09-25 20:38
Section 2 of the Regulation Respecting Labour Standards sets out the rules about minimum wage in Quebec. On May 1, 2020, ...
The post The Minimum Wage In Quebec in 2021 appeared first o… Read More
2020-09-25 17:25
Regulation 396/95 of the Employment Standards Act (“ESA”) sets out the rules about minimum wage in British Columbia. On June 1, 2020, British ...
The post The Mini… Read More
2020-09-24 20:29
As the CERB winds down on October 3, 2020, Canadians who had to or have to stop working will be ...
The post Canada’s New EI System appeared first on Dutton Employment Law Read More
2020-09-23 20:49
Today, September 23, 2020, the Liberal Government announced that it would be extending the Canada Emergency Wage Subsidy (CEWS). Speaking ...
The post The CEWS To Be Extended To Summer 2021… Read More
2020-09-22 23:09
The Employment Standards Act (“ESA”) sets out the rules about minimum wage in Ontario. On October 1, 2020, the ESA was amended to ...
The post Minimum Wage (Ontari… Read More
2020-09-21 22:49
The Canada Revenue Agency (CRA) collects income tax from working Canadians each calendar year (in Canada, the calendar year runs ...
The post Canadian Tax Brackets and Rates appeared first o… Read More
2020-09-18 18:39
Severance is taxed just the same as regular income from work in Canada. However, there are ways to avoid paying ...
The post Severance And Income Tax In Canada appeared first on Dutton Emplo… Read More
2020-09-17 21:21
Punitive damages are monetary compensation awarded to plaintiffs to deter potential wrongdoers from egregious conduct. Punitive Damages concern the defendant’s conduct… Read More
2020-09-04 21:15
My Personal Clio Review I have had Clio now for almost five years. I feel like that is enough time ...
The post My Clio Review appeared first on Dutton Employment Law Read More
2020-09-04 18:00
What is pay in lieu? For every “without cause” termination in Canada (and Ontario), an employer must provide “notice” of ...
The post Pay in Lieu (Ontario and Canada)… Read More
2020-09-02 18:59
The proposed Canada Recovery Benefit (CRB) will provide $400 per week for up to 26 weeks to workers who are ...
The post All About The Canada Recovery Benefit (CRB) appeared first on Dutton… Read More
2020-08-28 19:40
Nepotism in the workplace Nepotism is defined as favouritism toward relatives or personal friends by those in power, who, because ...
The post All About Nepotism appeared first on Dutton Emp… Read More
2020-08-19 19:38
The History Of Unjust Dismissal The history of unjust dismissal is fascinating. For a hundred or so years, under the ...
The post Unjust Dismissal: Everything to Know appeared first on Dutto… Read More
2020-08-13 19:34
Being terminated for cause means the employee was terminated for serious incompetence or serious misconduct, and, accordingly, no notice (i.e. ...
The post Terminated For Cause: Everything T… Read More
2020-08-04 21:35
What Is A Wrongful Dismissal? A wrongful dismissal is simple; it is a termination in breach of the employment contract. ...
The post All About Wrongful Dismissal appeared first on Dutt… Read More
2020-08-04 17:02
What Benefits Can I Get On Maternity? In Canada, expecting mothers and new mothers are entitled to “maternity benefits” known ...
The post All About Maternity Benefits appeared f… Read More
2020-07-31 20:23
On July 31, 2020, Prime Minister Justin Trudeau said in a news conference that CERB recipients will soon be transferred to an ...
The post CERB End Date (Transition To EI) appeared… Read More
2020-07-30 22:59
There are two kinds of interview questions I will cover in this article: Interesting interview questions posed by wildly successfully ...
The post Interview Questions: 22 Famous Examples app… Read More
2020-07-28 22:14
Yes, you can collect employment insurance (“EI”) when you are terminated without cause. Mainly, EI ‘regular benefits’ were created for ...
The post Can You Coll… Read More
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