Am I entitled to termination pay if I am fired for cause? A recent decision of the Ontario Court of Appeal, Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, confirmed that where an employee is terminated on a “for cause” basis, meaning the employee is not entitled to receive reasonable notice in accordance with […]
Termination during COVID can result in longer notice periods
In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
Does my employer have to pay notice of termination after I secure new employment?
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 […]
Am I entitled to termination or severance pay if I am a contractor?
In Ontario, employees are entitled to reasonable notice or pay in lieu thereof if they are terminated. However, this entitlement presupposes that one is an employee. Individuals who perform services may do so as independent contractors, however they might not enjoy employment protections. For example, independent contractors are not entitled to reasonable notice, unless it […]
How do I know if my termination package is good?
When employees are terminated without notice, they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly stressful to experience a termination and have to make decisions regarding accepting or denying an offer. To further add stress, employers often state that the […]
Severance Pay, Termination Notice and LTD Benefits
All long-term disability insurance policies indicate how much the insured will receive in the event that he or she becomes unable to work due to a medical condition. However, most policies will also include a statement regarding what kind of income can be used to adjust your LTD benefits. LTD policies vary regarding the types […]