“Loud Quitting” - How Employers Can Manage this Trend

Back in September, we delved into the issue of “quiet quitting” and discussed how employers can manage their quiet quitting employees. Recently, we’ve seen a new, flip-side, trend of employee’s “loud quitting”. No employer wants a disgruntled employee making a dramatic exit from their workplace and potentially spewing ill words about the workplace. So, here are some legal tactics for employers to mitigate potential damages to their company or reputation related to loud quitting employees. 

Continue Reading “Loud Quitting” – How Employers Can Manage this Trend

This is Part 2 of our blog series for US employers with operations in Canada. Click here to read Part 1 if you haven’t already.

No At-Will: Contracts are a Big Deal in Canada

One of the core employment law differences between the US and Canada is that there is no at-will employment in Canada. Ever. In fact, when Canadian judges read “at-will” in a contract, they typically set aside the contract altogether and substitute in typically far more generous common law terms.

In addition, if you do not have any contracts in place, the courts will read in implied terms. This is because all Canadian employment relationships are governed by a contract under our law, whether expressly in an agreement or implied based on common law.

If an employer does not roll out a contract with their employees, the judge will imply terms and conditions that in most cases are more generous than anything the employer would have provided.

Why Contracts Matter in Canada

Contracts are a big deal in Canadian employment law for several reasons:

Next in the Series

1. Defines the employment relationship: A contract sets out the terms and conditions of the employment relationship. This includes details like the job description, salary, benefits, hours of work, and termination provisions. Both the employer and employee have a clear understanding of what is expected.

2. Legal protection: Contracts provide legal protection for both employers and employees. If either party breaches the contract, the other party can seek legal remedies.

3. Termination clauses: Contracts often include termination clauses that outline the conditions under which an employee can be dismissed. This can protect employers from wrongful dismissal claims and help contain the overall exposure. This is one of the main reasons for an employer to have an up-to-date, enforceable, and reasonable contract in place.

4. Provides certainty: Contracts provide certainty and predictability for both parties. They know what to expect from the employment relationship and what will happen if things go wrong. It allows for good discussion at the start, to provide for smoother exits in our high-turnover workforce.

Stay tuned for my next post in this series about Canadian terminations in an anti-at-will environment.

If you are a US employer with employees in Canada, we’d love to work with you. Get in touch!

This is the second entry in our blog that focuses on the topic of labour law. In case you missed it, the first entry provided a primer on managing a unionized workplace and you can find it here.

In this blog, we provide some practical tips and tricks for unionized employers to navigate the grievance process.

Conflicts in a unionized workplace are almost always addressed through the grievance process. What constitutes a grievance is typically defined by the collective agreement. A grievance is typically defined as any dispute, difference or complaint regarding the application, interpretation or alleged violation of the collective agreement. The parties to the grievance, that is the parties who are entitled to file and respond to a grievance are usually also outlined by the collective agreement. Beyond defining a grievance, the collective agreement will typically also outline the grievance process.

Continue Reading Addressing Conflicts in Unionized Workplace: The Grievance Process

As a huge swath of the Canadian workforce began working entirely remotely in 2020, employers increasingly considered employee requests to relocate. Some employees were looking to return to their home province or country to be with loved ones. Others were looking for a change of scenery and saw an opportunity to do so. Whatever the reason, offering employees the opportunity to take advantage of work-from-home arrangements by working from their chosen location can be a welcome perk. Some employers have even included guidelines for relocation as part of remote work policies. 

There are a few key things an employer should consider when approving employee relocation requests. 

Continue Reading Employee Requests to Relocate: 4 Employer Considerations
termination clawback clause

In recent months, we have seen a spike in group terminations. For HR professionals this often means a packed schedule of the worst-of-the-worst meetings. In our recent blog post, we discussed terminations with softer landings (and less chance of disputes and litigation), and bigger-picture best practices for those difficult exits. In this blog, we zero in on an aspect of severance package drafting. 

In the process of structuring severance packages for (too many) employees, we’ve noted that some employers have forgotten about a handy clause that can lead to a win-win post-termination scenario for both employers and employees. However, the clause gets a bad rap because it is colloquially known as a “clawback clause” and can be misinterpreted as a sinister employer strategy. 

Continue Reading The Power of An “If You Get Another Job Clause”
AI Policy for Businesses

In the digital era, artificial intelligence (AI) is becoming increasingly intertwined with our daily lives, especially in the ways we do our work. From voice assistants to chatbots to art generators, AI has found its way into various industries, transforming the way work gets done. As AI continues to advance, it raises important questions about its ethical implications and potential impact – good and bad – on the workplace.  The bad should not be ignored.  How much damage might be done to your organization if AI was not used responsibly by an employee?

I’m sure many in the legal industry are familiar with the recent news stories about the New York lawyer who relied on ChatGPT to assist with his research and drafting.  The chatbot provided the lawyer with case law precedents that simply did not exist.  The AI system entirely fabricated the cases.  The lawyer did not verify this information and attempted to rely on these cases in court to a disastrous and embarrassing result.

Continue Reading Does Your Workplace Need an AI Policy?
A blog post discussing the differences between US and Canadian employment laws and workplace culture, including topics such as Canadian employment law 101, the importance of contracts, and the impact of public healthcare on employer negotiations.

Are you a US employer with operations in Canada? Welcome and bienvenue to this blog series written just for you. Our Canadian virtual employment law firm advises many US employers who have employees and contractors in Canada. I love this conversation. We’re neighbours who share so many similar cultural values, pop culture references and the world’s longest unsecured border.  And yet there are fundamental differences in our countries’ respective workplace laws and workplace culture. It often catches our US employers by surprise and triggers very expensive moments in the employment relationship.

Continue Reading Canadian Employment Law for US Employers: Part 1 – Backgrounder
Discover your obligations as an Ontario employer under the Pay Equity Act, including understanding equal pay for equal work, applicable exemptions, and the consequences of non-compliance.

We’ve all heard about pay equity but what does that actually mean in a workplace? And as an Ontario employer, what are your obligations around reaching and maintaining pay equity? One this is for sure, outside of a huge financial risk, you also do not want to be known as an employer who is not paying their employees equally. Here’s everything you need to know about your obligations under the Pay Equity Act. 

Continue Reading Equal Pay for Equal Work – Everything You Need to Know About Pay Equity in Your Workplace
SpringLaw's new Marketing Manager Mandeep Suri

We are so excited to introduce the newest member of the SpringLaw family, Mandeep Suri. Mandeep is our new Marketing Manager, overseeing the firm’s marketing and communications. As SpringLaw continues to grow and evolve, Mandeep will be critical to promoting our innovative integrated legal solutions.

Mandeep is a creative thinker and has spent her professional career developing and executing global marketing campaigns using a variety of media that bring a company’s story, values, vision, and mandate to life.  She thrives in fast-paced, client-focused environments, where she fosters positive cross-functional relationships, collaboration and effective communication to deliver results.

She already lives the SpringLaw firm values of being innovative and collaborative, having no ego but lots of great EQ and being a creative problem-solver

When not at work, she enjoys spending time with her husband and two kids, reading self-help books, gardening and listening to inspiring podcasts.

Welcome Mandeep!  We are thrilled to have you as part of our team and are excited for you to use your skills and expertise to share the SpringLaw story and purpose!

Witnessed Release is Your Best Defense Against Future Legal Woes

So you’ve finally settled a dispute with a former employee who had alleged a wrongful dismissal or discrimination. You’ve drawn up the papers to confirm the fact that the matter is settled. Now, all you need are signatures on the dotted lines. Whose signatures exactly?

Parties

When settling a dispute with a former employee, the parties involved should sign the release –  you know, those documents filled with legalese stating that that the employee/releasor releases the employer/releasee from all claims arising out of the employment relationship, termination thereof, et al. – to make the settlement legally binding. These signatories typically include the former employee and sometimes a representative from the employer, such as a human resources manager or CEO.

Continue Reading Cover Your Assets: Why Having a Witnessed Release is Your Best Defense Against Future Legal Woes