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Reasonable Notice

The ins and outs of job severance

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9th Oct 2012

Most employees cling to beliefs about workplace rights from media, friends or the Internet. But many of these “perceived” rights often do not exist. Here are some common misconceptions regarding severance and the law of dismissal. more

What to do when your position is eliminated

By : | Category : Constructive Dismissal, Reasonable Notice, Severance Packages, Wrongful Dismissal | Comments Off on What to do when your position is eliminated

I am a 33-year-old professional who has recently been told, after 12 years, that my position has been eliminated. I work for a global company as a regional manager for North America, but am paid through our Canadian office. Just over a year ago, the organization was restructured and I was promoted from a supervisor in Canada to my new role reporting to a director in our U.S. office.

The vice-president of our Canadian facility to whom I use to report did not agree with the corporate directives I was responsible for implementing and we often had professional disagreements about the “old way of running things” versus our new corporate strategy. He made my new role so challenging that my director often had to intervene. Another restructure has just happened and our Canadian facility has now been given back to my old boss with all Canadian employees reporting directly to him.

I was told by HR that my position had been eliminated. My American boss said I could go home and continue to work from home and continue to be responsible for the three remaining departments I had in North America and remain on the Canadian payroll for two more weeks. Meanwhile, she is continuing to work with corporate to offer me a position working for the Americas with 70 per cent more travel.

I am now sitting at home wondering about my future while I mourn the loss of a position I held with many successes and much praise. I have no idea what will be presented to me in two weeks. What are my rights and what should I be prepared for when this meeting occurs? more

Is your employment lawyer the real deal?

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8th Oct 2012

When I first started practising law, I received a complaint from a competitor who cautioned me against referring to myself as an “expert.” At the time I believed that her interests were conspicuously self-aligned, but many years later, I find myself making the same complaint about others. This is because the rules designed to protect individuals from lawyers’ misleading advertising seldom achieve their purpose – especially in the field of workplace law, where lawyers market directly to the general public.

If you are going to hire a lawyer for legal issues at work, here are some factors to consider. more

Why courts will say no to unfair termination contracts

By : | Category : Employment Contracts, Reasonable Notice, Severance Packages, Wrongful Dismissal | Comments Off on Why courts will say no to unfair termination contracts

What happens if a just-dismissed employee is misled into signing a release that prevents him from taking further legal action? Will it matter if the employer took advantage of that employee’s vulnerability by steering him towards signing the document without pointing out that he had other choices? According to a recent Ontario case, employers have a duty to treat their employees fairly at the time of termination. Otherwise, even a signed document can be set aside. more

My pay was trimmed, but my workload wasn’t

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7th Oct 2012

My company went through a reorganization last year. Through the process my job was reclassified from a manager to a co-ordinator and the pay was reduced. It has been one year and I do not have a revised job description. As far as workload goes, there was a minor switch but overall the responsibilities are the same. Can they do this? more

My employer promised benefits, but I’ve received none

By : | Category : Constructive Dismissal, Employment Insurance Benefits, Reasonable Notice | Comments Off on My employer promised benefits, but I’ve received none

I started a new position almost six months ago. At the time, I received a written offer of employment that stated several benefits including receiving health and dental benefits after three months and employer-paid RRSP contributions after six months. Now approaching the six-month mark, I have yet to receive my health and dental benefits, despite repeated requests to my direct supervisor and human resources. Is an offer of employment considered a contract? If so, what options do I have? I’m worried staying with my employer assumes I accept this violation of their offer. more

30th Sep 2012

Poor performance may be cause for dismissal. more

Having the terms of your job forcibly changed is usually taboo. But the tables are turned when advance warning is provided. Most employees believe that their jobs can seldom be varied without their consent. As an Ontario judge recently confirmed, those employees are mistaken. more

The duty to mitigate: working for my former boss!

By : | Category : Mitigation, Reasonable Notice, Resignation, Severance Packages, Wrongful Dismissal | Comments Off on The duty to mitigate: working for my former boss!

Until recently, it was generally proper for an employee to reject returning to the workplace that fired him. However, that all changed when the Supreme Court found that unless there are conditions such as humiliation, embarrassment or hostility, employees would be expected to return to their jobs. more

All-star Sales Manager, Jack Bogden didn’t know what to think. He had been a paradigm of achievement for Purolator Courier Ltd. and was praised by those who worked with him. But for Bogden’s boss, Pat Capparelli, the proof was in the pudding. Confusing excellence with mediocrity, Caparelli’s opinion of Bogden was nothing more than inconsistent. But when the Judge heard all the evidence, Caparelli was the only one that was found erratic. more