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Why Employers Should Use Non-Solicitation Agreements

Why Employers Should Use Non-Solicitation Agreements

December 8, 2017 | No Comments

The primary purpose of a non-solicitation clause in a contract of employment is to protect the employer from having its customers, clients, suppliers, or employees poached by a departing employee. Without a non-solicitation clause in … Read More

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Employee Claiming Adverse Discrimination: Employer’s Knowledge of Disability is Unnecessary

Employee Claiming Adverse Discrimination: Employer’s Knowledge of Disability is Unnecessary

December 1, 2017 | No Comments

An employer has the duty to accommodate an employee that is negatively impacted by a workplace policy or requirement due to disability up to the point of undue hardship. This alone is a high standard … Read More

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Accepted Job Offer No Longer Available Days Prior to Start Date

Accepted Job Offer No Longer Available Days Prior to Start Date

November 29, 2017 | No Comments

When a job offer is made and signed by the candidate, a contractual obligation has been formed. The employee has agreed to provide services and the employer to provide compensation for services received. If the … Read More

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SIGNIFICANT CHANGES TO THE EMPLOYMENT STANDARDS ACT

SIGNIFICANT CHANGES TO THE EMPLOYMENT STANDARDS ACT

November 24, 2017 | No Comments

The Ontario government recently announced major changes to the Employment Standards Act, 2000 (the “ESA”), the law which governs most workplaces in the province.  Many of these changes will become effective on January 1, 2018, … Read More

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What is a Wrongful or Forced Resignation

What is a Wrongful or Forced Resignation

November 20, 2017 | No Comments

There is a major financial difference between getting fired by your employer and choosing to resign.  Simply put, most employees who are fired are entitled to severance packages, while employees who resign are not entitled … Read More

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Social Media Privacy Policy in the Workplace

Social Media Privacy Policy in the Workplace

November 13, 2017 | No Comments

Social media and privacy in employment law is an evolving and developing concept. The pervasiveness of the internet and the worldwide access to online content greatly diminish an individual’s expectation of privacy when posting online … Read More

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What Factors will Courts Consider in Determining Inducement?

What Factors will Courts Consider in Determining Inducement?

November 7, 2017 | No Comments

Employers may have their recruiters aggressively pursue highly skilled employees, as this can greatly aid in the success of an organization. This includes making promises in order to entice allure the candidate to accept the … Read More

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I Am Paid a Salary: Am I entitled to Overtime Pay?

I Am Paid a Salary: Am I entitled to Overtime Pay?

November 6, 2017 | No Comments

It is a misconception that salaried employees are not entitled to overtime. There are no provisions in employment standards law that exempts salaried employees from overtime entitlements. In fact, employers that claim salaried employees are … Read More

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Frustration of Contract and Long Term Disability Benefits

November 2, 2017 | No Comments

Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and employee) could reasonably contemplate at the time the employment agreement was made. Put simply, when … Read More

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Frustration of Contract vs. Just Cause: What is the difference?

November 1, 2017 | No Comments

There are various ways an employer may end an employment relation. An employer may end a contact by offering an employee advanced notice or equivalent payment of wage and benefits required under legislation or common … Read More

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