Understanding Terminations in Ontario
Introducing: Office Hours with Chris Robertson
In this video, we discuss the complexities of terminations in Ontario. We cover: different types of dismissal, statutory notice vs common law notice, the impacts of the economy on employment, and when you should call a lawyer.
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Inflation + Rates + AI = Long Searches for New Employment
We tend to see layoffs increase when banks announce higher interest rates, but what happens when rates are high and unemployment is low?
How Employers can Ensure a Smooth Termination (and Avoid Claims for Damages)
In Ontario, the manner of termination can be compensable where it causes the departing employee injury beyond the normal hurt feelings associated with the loss of employment.
What Happens to Bonuses Earned But Not Paid After Termination?
Bonuses that are earned but unpaid are routinely overlooked. “Active employment” exclusions and the like are commonly struck down by Courts in Ontario which are alive to the potential for mischief in industries where the bonus compensation can be equal to or greater than the annual salary.
Commissions and Calculating Termination Pay
In Ontario, your termination pay is calculated by reference to your earnings at the time of termination. Courts will almost always start with an analysis of bonuses and commissions paid over the preceding three years of employment and so should employers.
Understanding Your Entitlements
When understanding your severance entitlements, make sure you’re accounting for these often-overlooked considerations
The Risks of Leveraging an Offer to Increase Compensation
Significant compensation increases and promotions are documented in amending or revised employment agreements. These agreements may also contain temporary layoff provisions and termination provisions eliminating any entitlement to common-law notice.
It’s a recession… there are no jobs?
Many employers, having resisted letting employees go, are surprised to learn that the notice periods required by the common-law in Ontario are substantial. This leads to offers on termination that are well below what a Court might award.