Severance Package Review

It is generally a bad idea to sign anything too quickly, not least a severance proposal being put before you at the time of termination by an employer.

Instead it is best to avoid signing a release or severance proposal, and to avoid taking any position with respect to your employment or the termination thereof before seeking independent legal advice.

A qualified employment lawyer can review your severance package and advise you as to the best ways forward. This may include accepting the package as is or refusing it and having a lawyer engage your former employer in negotiation.

Sometimes a lawsuit will be required to get what is due and owing to you.

Listening to your HR Manager or immediate supervisor is no substitute to having a discussion in confidence with a qualified and independent employment lawyer.

Robert H. Tanha, Employment Lawyer
"You want me on your side.  You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongfully Dismissed One Minute...But Being Asked to Return the Next?

An offer of re-employment advanced to a wrongfully dismissed employee doesn't always need to be accepted despite the Supreme Court of Canada's employer-friendly decision in Evans v. Teamsters.

Some hallmarks of a bad offer:

1. Too ambiguous to be understood

2. Employer refusal to put it in writing

3. Not a comparable salary

4. Substantially less job security

5. A forfeiture of rights to severance pay 

If you are an employee who has been wrongfully dismissed and are being asked to return to the very workplace who dismissed you, you should contact an employment lawyer for legal advice before making any decision with respect to your return.

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."

Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Walmart employee fired after reporting dog in hot truck?

See the article here.

I would be astonished if this case leads to a reported judicial decision.

Any takers?

Robert H. Tanha, Employment Lawyer
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Email: robert.tanha.equitylaw@gmail.com

* This weblink is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongful Dismissal: Inducement and Extension of the Traditional Reasonable Notice Period

If you were hired by an employer after leaving previous secure employment and then are subsequently terminated without cause after only serving a short stint with your new employer, you may have a claim to additional severance pay based on inducement.

Inducement can include such things as additional compensation and benefits. There must be facts to support such a claim otherwise parties can be hit with costs sanctions. For an informative discussion of inducement, see Bishop v. Beefeater.

If you have been wrongfully dismissed by an employer and believe that you were induced away from previous secure employment, you should contact a qualified employment lawyer to discuss your situation.

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongfully Dismissed - Complaint under the ESA or Civil Proceeding for Wrongful Dismissal?

An employee who is wrongfully terminated often is confused as to where he or she should make a legal claim for severance pay.

The decision should not be made lightly.

Making an Employment Standards Act (ESA) claim will bar one from making a claim in a civil court and is often not the way to go. If you have made a complaint under the ESA, you only have 2 weeks to withdraw it.

If you believe you have been wrongfully dismissed, it is always wise to consult a qualified employer lawyer who can advise you on your available legal avenues.

The choice as to whether to go the Ontario Human Rights Tribunal, Superior Court, Small Claims Court, or to the Ministry of Labour is not without consequence and should not be made without consulting a lawyer.

Robert H. Tanha, Employment Lawyer
"You want me on your side.You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongful dismissed: Under One year of Employment? Don't Fret... You May Still Have a Financially Worthwhile Claim for Wrongful Dismissal!

Short term non-unionized employees can still have a sizeable entitlement to pay in lieu reasonable notice depending on their individual circumstances.

This is because length of service is only one factor to be considered in the equation and isn't always the most important consideration. In Wellman v. Herjavec Group Inc., a wrongfully dismissed plaintiff with only 51 weeks of service (less than a year) was awarded 4 months pay in lieu of reasonable notice.

Aitken J., speaking for the Court, reasoned his decision out as follows:

At the time of his dismissal, the Plaintiff was 40 years old, married, and the father of two children. His mid-range age is a neutral factor. He was not at the beginning of his career, where an employment set-back can be recovered from more easily. At the same time, he was not nearing the end of his career when a dismissal from employment can turn into a forced retirement. He was young enough, and had enough of his working life ahead of him, to still be of interest to employers. At the same time, it would be reasonable to assume that, by his age, he could have family responsibilities that might make him less mobile than a young person starting out in a career, and this is of some relevance when mitigation is considered. 

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Constructive Dismissal: Is Your Non-Unionized Employer With-holding Your Pay?

If so, you may have the right to resign and treat yourself as a constructively dismissed employee.

You should, however, tread carefully and seek the advice of a qualified employment lawyer before making any rash decision with respect to the continuation of your employment.

Admittedly, there is a very fine line between a voluntary resignation and a constructive dismissal. Without the assistance of an employment lawyer, an employee could very well convey the wrong message to their employer with unintended legal consequences.

Robert H. Tanha, Employment Lawyer
"You want me on your side.  You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongful Dismissal: No Written Employment Contract - Are you Still Entitled to Pay in Lieu of Reasonable Notice?

The answer is probably yes!

This is because there is nothing to displace the common law presumption of reasonable notice. This point can be readily inferred from the Supreme Court of Canada's landmark decision in Machtinger v. HOJ Industries Ltd.

That said, it is always best to get independent legal advice from a qualified employment lawyer on your individual circumstances before making a decision to sue for wrongful dismissal.

Robert H. Tanha, Employment Lawyer
"You want me on your side.You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations. 

Wrongful Dismissal Claims: Employees Working in Ontario's Construction Industry?

In Gristey v. Emke Schaab Climatecare, decided March 19, 2014, it was held that non-unionized construction workers in the Province of Ontario still have a right to sue their employers for wrongful dismissal damages even though they are exempted from the termination pay benefits under the ESA by virtue of the regulations which have been adopted under that legislation .

The decision also states that while a downturn in a business may lessen such an employee's entitlement to pay in lieu of reasonable notice, it does not obliterate it altogether. Employees should always seek the legal advice of a qualified employment lawyer in deciding how to proceed in such situations.

Robert H. Tanha, Employment Lawyer
"You want me on your side.You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.