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Some resignations are terminations in disguise

Daniel A. Lublin is a partner at Whitten & Lublin, Employment & Labour Lawyers, Toronto. When is a resignation a termination in disguise? Sometimes employers too easily confuse when an employee has voluntarily decided to leave. Whether through insincerity or neglect, this is one situation where employers may try to rid themselves of an undesirable employee, without paying any severance.

Some resignations are terminations in disguise

Daniel A. Lublin is a partner at Whitten & Lublin, Employment & Labour Lawyers, Toronto. When is a resignation a termination in disguise? Sometimes employers too easily confuse when an employee has voluntarily decided to leave. Whether through insincerity or neglect, this is one situation where employers may try to rid themselves of an undesirable employee, without paying any severance.

whittenlublin

March 22, 2017

I may have been fired due to my illness. What can I do?

I was diagnosed with lupus. Since my diagnosis, I’ve had an uphill battle with my employer, especially while trying to return to work. My employer then terminated me saying that I abandoned my job because I was absent, without communicating with them, although this is untrue. What can I do?

whittenlublin

March 8, 2017

We have the same job, but I get paid less. What do I do?

In Ontario, I work at a utility in a middle-management position, in a group of three people who do the same job – often swapping projects to balance workload, filling in for each other when necessary. However, one of us is paid at a grade higher.

Daniel Lublin

March 5, 2017

My job is moving to Europe but I won’t. Do I get severance?

I work for a multinational company headquartered in Europe. My position is being transferred to head office, but I am not interested in relocating to Europe. If I don’t accept the relocation or find another position locally within the company, my head count will be removed by a stipulated date.

whittenlublin

February 6, 2017

Are Employees Entitled to Bonuses During the Notice Period?

The Ontario Court of Appeal’s decisions in Paquette v. TeraGo Networks Inc. and Lin v. Ontario Teachers’ Pension Plan have made it much easier to argue that employees are entitled to compensation for bonuses during the notice period, regardless of what may be contained in an employment contract or bonus plan.

whittenlublin

February 6, 2017

I may have been fired due to my illness. What can I do?

I was diagnosed with lupus. Since my diagnosis, I’ve had an uphill battle with my employer, especially while trying to return to work. My employer then terminated me saying that I abandoned my job because I was absent, without communicating with them, although this is untrue. What can I do?

whittenlublin

February 5, 2017

whittenlublin

January 11, 2017

The dangers of alleging and exaggerating employee misconduct

This column is part of Globe Careers’ Leadership Lab series, where executives and experts share their views and advice about leadership and management. Follow us at @Globe_Careers . Find all Leadership Lab stories at tgam.ca/leadershiplab. In my experience, the No. 1 error when terminating an employee is asserting misconduct where there is none.

whittenlublin

January 11, 2017

whittenlublin

November 28, 2016

If workers waive their rights, can employers evade claims?

It seems that more than ever that employees are being required to sign employment contracts that appear to force them to waive their rights. I thought the rationale behind “common law” settlements was to compensate a terminated employee for losses incurred as a result of the termination.

whittenlublin

November 14, 2016