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 […]
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
INDEPENDENT CONTRACTOR, EMPLOYEE, OR SOMEWHERE IN BETWEEN? Read More »
Fall is upon us which means back-to-school, sweater weather and warm beverages. This is also the time of year many will return to, or start, pursuing their career and educational goals at one of Ontario’s many post-secondary institutions. Ontario’s Colleges and Universities are a sanctuary for higher educational achievement, the honing of student minds and
ONTARIO POST-SECONDARY INSTITUTIONS – SILENCE IS NOT FOR SALE Read More »
In this case, a “construction” employee had signed an employment agreement purporting to minimize the employee’s entitlements upon termination to only those required by the Ontario Employment Standards Act, 2000 (the “ESA”). However, the Court held the employment contract to be invalid, thereby awarding common law reasonable notice to the employee. The fatal error by
CHECKLIST – THE TERMINATION MEETING In most cases, the termination should be communicated in a meeting with the employee at which they are advised of the termination and the reasons for it, and are provided with a termination letter. Where the termination is for disciplinary reasons or for cause, ensure that the investigation is complete
FIRING AN EMPLOYEE? CALVIN’S TERMINATION CHECKLIST – CHECK THIS BEFORE YOU TERMINATE. Read More »
PRE-TERMINATION CHECKLIST Terminating an employment relationship should not be decided upon without planning and consideration of potential obligations (and liability). Liability for reasonable notice, or pay in lieu of notice, must be considered. Below is a checklist that will be helpful for you to review before a decision to terminate is made. This checklist will
BEFORE ANYBODY IS TERMINATED, REVIEW CALVIN’S PRE-TERMINATION CHECKLIST! Read More »
Ultimately, employers do not need a reason to terminate an employee governed by Ontario law. They can do so “without cause” at any time, subject to the employee’s right to receive reasonable notice of termination, or pay in lieu of such notice. However, if an employer terminates an employee for cause, the employer may have
DOES MY BOSS NEED A GOOD REASON TO FIRE ME? WHAT ARE MY RIGHTS IF I AM FIRED? Read More »
If you are terminated by your employer and: [1] firstly, there is no “just cause” for your termination; and [2] secondly, you do not have a written employment agreement or, if you do, there is no clause restricting you to only the statutory notice of termination required by the Employment Standards Act, 2000 of Ontario (the “ESA”) (or,
WHAT IF I AM FIRED? WHAT SHOULD I EXPECT FOR SEVERANCE? "PAY IN LIEU" EXPLAINED. Read More »
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