The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment. When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed. Once … Read more
At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice. The exception to the rule occurs when “just cause” exists; the employer is then entitled to dismiss the employee summarily, without any … Read more
When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”. Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct. The likelihood of a boss telling you that you … Read more
No. But most people use the terms interchangeably, without knowing the difference, and that includes employers. In fact, to allegedly soften the blow, some employers even tell their employees that they are being laid off, perhaps thinking that this phrase is less harsh than hearing, as Trump used to say: “you’re fired”. Under Ontario law, … Read more
Employment lawyers fall into two broad categories: those who represent employers, and those who represent employees. If employees in the workplace are members of a union, the lawyers involved on either side practice in the related, but distinct, area of labour law. The rights and obligations of employees and employers in that context will be … Read more
Just got fired? Your boss, and possibly an HR rep have just handed you a letter of termination that you didn’t see coming, no reasons given; they have offered you a severance package, and said you have only 2 days, or 1 week, or some other very short time period in which to accept it, … Read more