Generally speaking, when an employee is terminated without cause, he or she is entitled to termination and severance pay as laid out in the Employment Standards Act (ESA). This is considered the minimum standards. Employers cannot contract out of their obligation to pay the minimum standards. On the other hand, at common law, employees can […]
Update in Ontario Sick Pay Days Laws
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the COVID pandemic, called the COVID-19 Worker Income Protection Benefit. The new law will require employers to provide employees with up to $200 dollars per day, for up to 3 days, if they are missing work because of […]
Constructive Dismissal A COVID Caselaw Update
As a result of the COVID pandemic, the government of Ontario modified the Employment Standards Act (ESA) to create a new form of leave, being the “Infectious Disease Emergency Leave”. The new regulations exempted employees who were temporarily laid off for reasons related to COVID, from eligibility to termination and severance pay. Instead, temporarily laid […]
Restrictive Covenants in Employment Agreements
In the employment context, the term “restrictive covenant” refers to terms in the employment agreement which attempt to limit what employees can do after the end of the employment relationship. Such terms may be enforceable where the employee quits his or her job, or where it is terminated, with or without cause. Generally speaking, restrictive […]
When your employer sells the business
What happens to my job when the employer sells the business? When an employer decides to sell its business, the effect that this will have on the employees of that business will depend on how the sale takes place. Generally speaking, the sale occurs via a share purchase or an asset purchase. When the buyer […]
Misrepresentations in LTD Insurance
LTD insurance claim denied due to misrepresentation Where the insurance provider takes the position that the policy holder misrepresented a fact, or lied, during the application process and there was a subsequent approval of LTD insurance, the insurer will deny benefits. Applicants for insurance coverage have a duty to disclose any material facts requested by […]