Yes, this is a crummy subject, for both sides of the issue. I have yet to meet an employer or HR person who looks forward to that awkward meeting, where they need to pull the plug. Even amicable separations are full of potential anxiety about how to treat each other fairly, while advocating for oneself.
Here are my top 5 tips for employers who have to do the difficult deed:Continue Reading How to Fire an Employee
At the end of August, our new law firm will be half a year old. After a decade of practicing law in other peoples’ firms, I have to say, being the owner of the business is even better than I had expected. It’s not fewer hours, has just as many (but different) headaches, and the day to day law is no less challenging than being at a big global law firm.
But the difference is, the hours, headaches and challenges are mine to own, and mine to prioritize according to client needs rather than according to big infrastructure timelines and priorities.
But then there’s all the administrative work.Continue Reading Employment Contracts (whether you like them or not)
Does racism necessarily lead to a poisoned workplace?
At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that while the former employee, Johnson, “genuinely believed that he had been the victim of racism in his workplace” and that his “perception of events unfortunately
Terminating an employee’s employment without cause in Canada comes at a price. The various employment acts and codes set out the requirements for termination notice or pay in lieu of notice (and in Ontario and federal workplaces, severance pay in addition to termination pay). The required termination period will range from 1 to 8 weeks
Recently, a reader asked me whether cutting back the hours of a department of hourly paid employees by about 5 hours a week for a few months would create any problems. She correctly identified constructive dismissal as the issue to consider.
What is Constructive Dismissal?
“Constructive dismissal” is when an employer unilaterally makes such substantial
Recent caselaw suggests that huge damage awards for employees claiming wrongful dismissal is on the decline. Upper courts continue to cut down lower court awards and eliminate “bad faith”-types of compensation.
Last month, in Soost v Merill Lynch, the Alberta Court of Appeal reduced the lower court award to dismissed stock broker, Kurt Soost, from $2.2-million to
Working notice is like eating at a cheap buffet restaurant – it’s inexpensive, and it seems like a good idea at the time, but the meal doesn’t taste so great within a short period of time. This usually applies to both employers and employees.
I often have employer clients looking for a way to lower the
Just in time for Valentine’s Day, Toronto city councillor Adam Giambrone made a statement to the media last night that he has had "intimate relations" with women other than his spouse throughout most of 2009. 
While at 32 years old, the politician may be excused for the lapse in judgment, given his former bid to run
One of the more stark contrasts between Canadian and American law is the law around terminations of employment. This may be rooted in the fundamental difference between the American “at will” concept versus the Canadian contract-based employment relationship. In other words, unless a contract says otherwise, in the US, an employee is hired “at will”
Should an employer friend his or her employees on Facebook? Connect on LinkedIn, follow on Twitter or read an employee’s blog? There is no consensus and employers continue to grapple with the role of social media in the workplace – and the role employers should take within these vehicles of communication.
The more difficult