Termination of Employment

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If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors.  The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.…

Continue Reading Don’t Lose Your Enforceable Termination Clause to the Substratum Doctrine

Common Law Notice 

Upon termination of employment, if an employee’s contractual entitlements are not nailed down in an up-to-date and enforceable employment contract, the employee is likely entitled to common law reasonable notice (or pay in lieu of notice) of termination. Even if an employee’s entitlements are set out in an employment contract, it is common these days for employees, on the advice of employment law counsel, to claim that some of the contract’s termination-related provisions are not Waksdale-proof, and are therefore unenforceable. (We discuss how employers can make their contracts Waksdale-proof in this blog, and best practices for rolling out updated contracts in this blog). Under both scenarios, any path to resolution will start with an assessment of the common law notice period.  

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Continue Reading Employers Can Create Win-Win Scenarios by Facilitating Re-employment for Ex-Employees

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters. Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.…

Continue Reading Do Employers Have to Provide Reference Letters? The Legal Lowdown

No At-Will Employment in Canada

Are you an employer with operations in both Canada & the US? This post is for you.

Contracts vs At-Will Employment

For our US readers, Canada does not have at-will employment. In Canada, employment relationships are governed by employment contracts, either written or implied, and various employment laws and regulations. Employers are generally required to provide reasonable notice or pay in lieu of notice when terminating an employee without cause.

For our Canadian readers, at-will employment is a term used in the United States to describe the employment relationship between an employer and an employee, where either party can terminate the employment at any time, with or without cause, and with or without notice. This means that an employer can fire an employee for any reason or no reason at all, as long as it is not for an illegal reason (such as discrimination). Similarly, an employee can quit their job at any time without providing a reason or notice.…

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Employee Productivity Issues: How to Manage Time Theft

When the vast majority of the Canadian workforce suddenly transitioned to working from home in 2020, managers were concerned about employee productivity. Most employees believed remote work increased productivity, while managers believed the opposite. The debate continues. Candidly, I am on the “increased productivity” side of the debate: working remotely allows me to focus without interruption and bring my full energy to my work by avoiding a soul-sucking commute. However, managers’ concerns about productivity are not always misplaced. Employees who do not put in the hours required by their contract are engaging in time theft, which is typically cause for discipline and, in particularly egregious circumstances, termination for cause. …

Continue Reading How to Manage Employee Productivity Issues and Time Theft