Employment

Fired without warning? Know your rights to termination notice in Ontario

Job security is not what it used to be. Terminations due to downturn in business are unfortunately quite frequent. In this blog we provide a brief overview of your rights upon termination, particularly regarding your right to advanced notice of termination and your right to receive payment in lieu of notice. Entitlement to Notice in Advance of Termination If you are an employee in Ontario, section 54 of the Employment Standards Act (2000) (the “ESA”) gives you the right to have a minimum...

Not all reference letters are created equal

It doesn’t matter how many years you’ve been in the workforce, or what kind of career you’re in – or wishing to pursue. In an ever-competitive market, you’re looking for any way to give yourself that competitive advantage, something that’ll get you that coveted job interview. Bolstering that resume with a letter from a former employer can pay dividends. Maybe. Because the type of letter you receive can determine how attractive, if at all, you are to a prospective employer. Be sure you...

Wrongful dismissal: understanding an employee’s duty to mitigate

When an employee is terminated, they have an obligation to reasonably mitigate their damages by seeking comparable employment. If an employee fails to fulfill this duty, it may disentitle them from wrongful dismissal damages.

But how can this obligation be fulfilled and what is considered “reasonable” mitigation? Two cases from the Ontario Superior Court of Justice provide clarity with regard to when the duty is and is not fulfilled.

Navigating the legal terrain: determining your province of employment while working from home

As the landscape of employment continues to evolve, the rise of remote work has presented unique challenges in defining the legal parameters of employment, particularly regarding the determination of an employee’s province of employment when working from home. With employees now able to work from virtually anywhere, understanding the implications of provincial jurisdiction is essential for both employers and employees.

Independent contractor, employee, or somewhere in between?

In today’s evolving job market, companies often engage workers in various capacities, including as independent contractors and employees. While both roles can provide significant contributions to a company’s operations, they also have distinct legal and financial implications for both parties involved. Understanding the differences between independent contractors, employees and the even rarer dependent contractors is an important consideration for businesses and workers alike.