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Constructive Dismissal

Buying a business? Protect yourself from high severance costs

By : | Category : Articles, Constructive Dismissal, Employment Contracts, Severance Packages | Comments Off on Buying a business? Protect yourself from high severance costs

29th Jul 2013

I’m about to purchase another similar business that will effectively double my business. I wish to retain all the staff at the new business and, with the exception of one employee, all have been there short periods (1 to 5 years).

There is one person with 20 years’ experience. Obviously, I would inherit the severance liability if I recognized those 20 years (but I am not buying the corporation, just the assets) but the current vendor does not want to “discount” the price of the business by the amount that I have calculated I could be liable for, should that employee not work out. In fairness to the situation, I don’t believe the employee will ever force me to terminate his employment; however, business is business. I need to protect myself. more

17th Jul 2013

I have been ignoring the bullying that has happened to me for four-and-a-half years. It came to a halt when I was escorted out of the building like a common criminal. Then they terminated my five-and-a-half year employment, without cause. No one should be subjected to this kind of treatment. I have never had this happen to me before. This is a big black mark on my employment record. What would be my next steps? more

15th Jul 2013

Today, much of the Canadian work force believes they are being “bullied” or “harassed.” But despite statutory definitions and workplace policies attempting to define this behaviour, it is still usually a matter of perception. A tough boss to one employee is often a bully to another. Since bullying and harassment are often in the eyes of the beholder, when do our courts and labour tribunals intervene? And when does bullying or harassment justify a successful lawsuit? more

I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.

The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.

Is this legal? more

I love the tales from the workplace trenches – everyday workplace disputes fuelled by misunderstandings, misapprehension of the law, ignorance or worse. Here are questions from three readers of this column, followed by the advice I would provide: more

I am returning to work after a year-long maternity leave, and my company is planning to lay off a significant number of employees in the next two months. I will probably lose my job.

I received a top-up of around $7,000 for my mat leave. I’m required to come back for six months, and if I don’t return of my own choice, I need to pay that back. If I’m fired, can the company still expect me to pay this back? Can they subtract it from my severance pay? And do severance packages always count as insurable time if I need to go on employment insurance? more

I was laid off this summer. After discussing with several lawyers the severance package offered, I was told I deserved more so I contested the offer.

After negotiating various issues, the last offer made to me was ‘taken off the table’ by the employer and the matter deemed ‘closed’ by its lawyer. Can my employer not pay me anything at all because my lawyer and I did not accept the offers they proposed?

I worked with my employer for close to 25 years and was laid off without cause and with no notice due to a change in the company’s business needs. Am I not entitled to the minimum severance offered under employment standards legislation? more

I was terminated without cause from my job recently after working there for three years. The company said it was a business decision. They have given me three weeks termination pay and my benefits until this month. If I agree to sign a “full and final release and indemnity” form they are offering one additional week of termination pay and an additional week of benefits. Is this fair or should I ask for more? more

Write resume’s with caution

By : | Category : Cause for Dismissal, Constructive Dismissal, Wrongful Dismissal | Comments Off on Write resume’s with caution

25th Nov 2012

Lying on your resume can get you fired – or at least land you in very hot water. That is what Yahoo and its current CEO Scott Thompson learned last week when it was widely reported that he did not earn the computer science degree that his resume claimed. According to Thompson an executive search firm added the degree to his resume years ago and when it wrote his public biography, the story just stuck there. more

Botch a resignation and pay the price

By : | Category : Constructive Dismissal, Resignation, Wrongful Dismissal | Comments Off on Botch a resignation and pay the price

When Rashid Balogun announced that he was “out of here” and then swiftly left the Prince George offices of Deloitte & Touche after a confrontational meeting with two of his bosses, they figured that he had just resigned. But in a legal twist that can only happen in workplace law, the court decided otherwise. more