22nd Mar 2017
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. But not so fast. Some resignations are actually terminations in disguise. more
29th Jul 2013
Sometimes employees too easily confuse who gets to call the legal shots in the workplace. Believing that their job is an entitlement, they try to take the law into their own hands. But what happens when an employee gets that law wrong? more
By : whittenlublin | Category : Conspiracy Claims in Employment Law, Damages for Bad Faith, Mental Distress and Personal Injury, Human Rights and Discrimination, Personal Harassment or Bullying, Resignation, Sexual Harassment, Workplace Investigations | Comments Off on I was sexually harassed at work and pushed out. Now what?
15th Jul 2013
I recently walked off a job after being sexually harassed. It was reported to my employer and a proper investigation was not conducted. Instead I was put on a shift I couldn’t work and eventually had to leave. The sexual harassment was actually a sexual assault. What are my legal options? Who do I report this to in order to get some action? more
25th Nov 2012
Following a bad day at work and thinking that he would be fired, Philip Chan elected to resign instead. However, in another tale from the workplace trenches with an ending you would not expect, a court found that Chan’s resignation was actually a termination. more
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
Canadian employers may “rule” their own workplaces but they definitely don’t rule the courts. Despite workplace laws favouring their legal position, many employers make mistakes that hand employees a better case. Here are some of my favourite workplace blunders. more
18th Nov 2012
In this column, I have consistently opined that incompetence is not usually cause for dismissal and that poor performance should not affect severance. But I must admit that the law is not always this clear. What happens when a new recruit cannot perform the job he or she was hired for, despite training, patience and an investment in their performance? Unsatisfied clients have criticized him or her and you regret giving them the job in the first place. This human resources dilemma is not isolated – both employers and even other employees complain about it often. more
It sucks when bad things happen to good people. That is why I am relating the experience of my client below, hoping that her workplace scenario will not happen to you.
Happily employed for more than 17 years, my client received an unsolicited phone call from a headhunter encouraging her to interview for a more senior role at another company. Following a series of interviews where all of the basic terms of the job were discussed, including salary, title and starting date, my client was offered the job. She then resigned from her current position.
However, as is often the case, the headhunter later forwarded an employment contract containing some language that had not been discussed. This was the first problem. Unless an employment offer is made conditional upon signing a contract, it is too late to later send one, especially one with punitive terms. more
He is the human resources department’s biggest nightmare and he works at just about every large company across the country. He is the sick employee that may never return to his job. And his workplace legacy just got a lot larger.
Paul Pereira earned a position as a senior employee. But he had a problem that ultimately cost him that job. Pereira, the general manager at a Staples Business Depot in Nanaimo, B.C. suffered from depression and a drug addiction. After stints on the company’s disability insurance plans, Pereira entered a treatment facility for his addiction hoping to return to work once he finished the program. more
This is as true at work as it is in life, except that in workplace law there is always an exception. Here is a sampling of some of the questions readers of this column frequently ask and the answers I often provide. more