The Ties That Bind

During the course of employment, an employee may obtain access to confidential information regarding the employer’s business interests, including trade secrets and customer lists.  As a result, and in order to protect itself from exploitation, an employer may require the employee to enter into a contract with provisions restricting the employee’s business activities at the end…

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Is Immorality Grounds for Termination?

With millions of Ashley Madison users exposed after a hacking group published their personal information, employers are asking themselves how they can deal with employees who are engaged in what many see as reprehensible off-duty conduct. Employers sometimes assume that an employee’s misdeeds in his or her private life are grounds for termination of their…

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Know Your Voting Rights

On October 19, 2015, Canadians will be heading to the polls to cast their ballots in the federal election.  Many eligible voters may feel that their work obligations prevent them from taking time out of their day to have their say in who should govern the country.  Fortunately, Canada has adopted laws that promote the…

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Be Careful What You Bargain For

In many instances, when a person receives an employment offer it’s a take it or leave it proposition. Often, there are no negotiations. Courts tend to recognize that individuals are highly disadvantaged in this arrangement due to a power imbalance. If employers abuse this power, courts can refuse to enforce contractual terms on the grounds…

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A promotion can entitle you to severance

Employers cannot unilaterally alter an individual’s employment contract, unless the contract explicitly provides for the modification(s).   Changing contractual terms without approval may give an employee the right to involuntarily resign and sue for severance, especially when the changes are significant.  In legal jargon, this is referred to as constructive dismissal.

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Mass layoffs : The Target experience

Target has officially announced that it is pulling out of the Canadian retail market. Where does this leave the tens of thousands of Canadian employees affected by the retail giant’s decision? In Ontario, mass layoffs trigger specific rules regarding the minimum amount of notice (or pay) owed to departing employees. The usual calculation of minimum…

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