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Contractors found to be Dependent and Awarded 24 Month Notice Pay

January 17, 2018 | No Comments

Under the law, independent contractors are not covered under employment law as they are not bound to a particular employer. Rather, they are seen as more powerful than dependent contractors or employees, with more leverage … Read More

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Is Uber my Employer? Or, am I Uber’s Contractor?

Is Uber my Employer? Or, am I Uber’s Contractor?

January 12, 2018 | No Comments

Being characterized as an employee rather than an independent contractor establishes certain obligations of the employer. Most notably, employment standards legislation would govern an employment relation, meaning that, as an employee in Canada, entitlements such … Read More

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Religious Beliefs and Accommodation: A Subjective Standard

January 12, 2018 | No Comments

In Canada, employers have a duty to accommodate employees to the point of undue hardship if a policy or practice has a discriminatory effect on an employee on the basis of religious beliefs. For instance, … Read More

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Should Employer Return Your Personal Pictures and Files When Terminating You

Should Employer Return Your Personal Pictures and Files When Terminating You

January 12, 2018 | No Comments

Question:  I have personal pictures on my work phone as well as personal pic and files on my old work computer.  During my exit interview I informed my employer that I need this data back … Read More

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Posting About Your Employer to Social Media

December 19, 2017 | No Comments

Question:  I recently received a letter from a lawyer representing my former employer. They’re saying I defamed the company for posting my thoughts on FaceBook.  I want to know if this threat/lawsuit however you may … Read More

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Federal Employers Require Just Cause for Termination of Employment

Federal Employers Require Just Cause for Termination of Employment

December 18, 2017 | No Comments

Usually, an employer may choose to terminate an employee by providing ‘reasonable notice’ of termination or payment in lieu equivalent to earning that would have been paid during the notice period. This is the case … Read More

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Does a “Near Cause” Incident Reduce the Amount of Notice Pay Needed for Terminating an Employee?

Does a “Near Cause” Incident Reduce the Amount of Notice Pay Needed for Terminating an Employee?

December 18, 2017 | No Comments

The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an employer to reduce the amount of severance or ‘notice pay’ owed to an employee when … Read More

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Terminating and Employee for Failing to Follow a Medical Plan

December 18, 2017 | No Comments

An employer may be justified in terminating an employee without notice for failing to obey an order in certain circumstances. The order must be unambiguous and connected to a legitimate workplace purpose, and the employer … Read More

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Seeking Assistance: Employment Lawyer vs. Government Appointed Officer

Seeking Assistance: Employment Lawyer vs. Government Appointed Officer

December 12, 2017 | No Comments

When an employee is terminated, they are often owed a severance package unless the termination was a result of misconduct that justified a dismissal. Where the severance package contravenes minimal entitlements under the law, an … Read More

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Misrepresentation Made During the Course of Hiring: Long Term Benefits

Misrepresentation Made During the Course of Hiring: Long Term Benefits

December 12, 2017 | No Comments

Employers must make sure that personnel involved in the recruitment process accurately represent all conditions of employment. This not only includes salary, but any perks offered to employees such as benefits and long term disability … Read More

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