I LOST MY JOB – EMPLOYMENT INSURANCE AND MITIGATION Are you considering pursuing a wrongful dismissal case against your previous employer? In a wrongful dismissal case, the main form of damages is “pay in lieu of notice.” What employment lawyers will negotiate, and what the court may ultimately be asked to decide, is how many … I Lost My Job – Employment Insurance and Mitigation
A FRUSTRATING SITUATION: WHEN INJURY, ILLNESS AND/OR DISABILITY CAN TERMINATE AN EMPLOYMENT RELATIONSHIP One of the most trying and difficult scenarios in an employment relationship, for both employer and employee, is where the employee suffers from a long-term disability, specifically if that disability affects their ability to perform their contractual duties and responsibilities. If an illness, disorder … WHEN INJURY, ILLNESS AND/OR DISABILITY CAN TERMINATE AN EMPLOYMENT RELATIONSHIP
When does a duty to investigate exist? What does a workplace investigation require? In many instances, employers are not required to investigate matters. However, employers should be aware of situations where they are legally required to investigate. Additionally, even if not required to do so, employers should be aware that it can often be beneficial to investigate. … The Employer’s Duty to Investigate
Constructive dismissal signifies an employer’s unilateral change to an essential term of an employment contract and is of such significance to a reasonable employee that the employer has essentially broken the contract, thereby terminating the employment relationship. When a constructive dismissal occurs, an employee may be able to claim severance. If your basic work terms … What is Constructive Dismissal? How can I know when I’ve been constructively dismissed?
If you are considering changing an employee’s work terms you may be faced with an unintended case of constructive dismissal and be liable for damages. Constructive dismissal signifies an employer’s unilateral change to an essential term of employment and is of such significance to a reasonable employee that the employer has essentially broken the contract, … Changing Terms of Employment and Constructive Dismissal
As is often the case, the answer is that it depends. In particular, it depends on the nature of the employment agreement between you and your employer. When your employment ends at the end of a season, subject to the exceptions below, there is typically no entitlement to severance at that time. If you are … My seasonal employment is over. Am I entitled to severance?
If you are terminating the employment of a seasonal employee, you’ll want to exercise caution. In some cases, seasonal employees will be entitled to advanced notice of their termination or severance. Such advance notice or severance will not necessarily be insignificant. Generally speaking, when seasonal employment ends at the end of a season, there is … Terminating a seasonal employee? Know the entitlements of seasonal employees
Employees should be careful about signing agreements with non-competition and non-solicitation clauses. Sadly, many employees are unfamiliar with these clauses. Employees often finds themselves seeking advice on such paragraphs after they have already signed an agreement containing either a non-competition or a non-solicitation clause. So what is a non-competition clause? A non-competition clause restricts you during … What is a Non-Competition Clause? What is a Non-Solicitation Clause? How are they different?
Non-Competition and Non-Solicitation Clauses 101By Lawrence Smith Non-competition and non-solicitation clauses are useful tools that employers can use to protect their business. Unfortunately, many employers are unfamiliar with these clauses, and it is not unusual for employers to get the two mixed up. So what is a non-competition clause? A non-competition clause restricts an employee … Non-Competition and Non-Solicitation Clauses 101
Dismissing an employee? – Be aware of your obligationsPublished December 8, 2014By Lawrence Smith Are you considering letting an employee go? Perhaps you’ve already let an employee go, and they’re demanding money? You should be aware that employees may be entitled to advanced notice or pay in lieu of notice when they are dismissed. With … Dismissing an employee? – Be aware of your obligations
