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Reasonable Notice

30th Sep 2012

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. Read More

The duty to mitigate: working for my former boss!

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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. Read 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. Read More

FRI Corp wanted to teach marketing executive Christina Carscallen a lesson. But as FRI Corp learned, some lessons come with a very steep price. Angered by a botched trade show and a heated email exchange with her boss, FRI Corp chose to suspend Carscallen without pay. However, FRI Corp didn’t stop there. Carscallen was demoted, her flex hours withdrawn and just to rub a little salt in the wound, she was told she would have to share a cubicle with a subordinate. Read More

Stating “I quit” doesn’t always make it so

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Upset after a meeting with her boss, Joey Bru said she was quitting. Believing that she had done just that, Bru’s employer replaced her. But, according to a British Columbia judge, even when employees say they are leaving, they may not have actually quit. Read More

In Bradley Gallagher’s case, a little bit of clarity would have gone a long way. Making ends meet selling used cars, Gallagher never paid much attention to the calculation of his commission payments. But in 2003, Gallagher’s car dealership demanded that he sign a shady commission plan or face his immediate termination. Having refused, the dealership said he resigned. In the end, the judge said Gallagher was the one who was sold a lemon. Read More

Canadian employment law provides a buffet of remedies for an aggrieved employee to pick and choose from. As Mr. and Ms. Anil and Neerja Sharma learned, however, reinstatement isn’t currently offered on the menu. Anil and Neerja Sharma were fighting for their jobs and for their reputations. The couple had found their dream jobs as sales agents for Quadrus Investment Services, a subsidiary of London Life Insurance. Unfortunately for the Sharmas, their dreams came to an abrupt end when, under the cloud of a fraud investigation, they were suspended and then fired. Read More

Sometimes employees too easily confuse who gets to call the legal shots. Believing that their job is an entitlement, some workers try to take the law into their own hands. They are often mistaken. This is the tale of one employee who learned this lesson the hard way. Read More

People often get exactly what they pay for. This is as true in law as it is in life. Here is one story that should make employees pause when they are offered a “free” consultation with a lawyer.
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In February, my client Dave was fired. He never saw it coming. “When I got to work, my boss and HR (department) asked to meet with me. I was told that the decision had been made to terminate my employment. I was shocked,” he told me. ” I was sent home in a cab and told my personal belongings would be shipped to me. I wasn’t allowed to say goodbye to anyone.” Dave had been employed as a sales agent with a large manufacturing company for five years and had felt his career was finally turning the corner. Read More