By Wendy Woloshyn. What happens if an employee gets fired without cause before his or her bonus gets paid? What if the employment contract says that to receive the bonus, the employee must still be employed at the time it’s paid out? The answers might surprise you. Integral and Discretionary My colleague Richard Johnson has […]
Tag Archives | termination
It’s Not Me, it’s You: Probation FAQs
By Kimberly Darling and Wendy Woloshyn. We have considered probation a number of times previously on our blog, usually from the point of view of the employer. In this post, we’re going back to basics, with what we’re calling “Probation FAQs” for employers and employees. What is probation? Basically, probation is a period of time, […]
Paradise Lost – Firing an Employee on Vacation
By Samantha Stepney. Are you considering firing an employee who is on vacation in order to avoid a scene at the office? We recommend that you reconsider this strategy for both legal and other reasons. Aggravated Damages All employers owe their employees a duty of good faith and fair dealing in the manner of termination. […]
A Dismissed Employee’s Right to Notice or Severance: A Review of The Basics
By Samantha Stepney. Many employees who seek our advice following termination are surprised to learn that so long as their employer has not violated any human rights laws, the employee can be fired for any reason. If the reason amounts to “just cause” – which includes things like theft and insubordination – the employee is […]
The Challenge of Terminating for Cause: Stock v. Oak Bay Marina Ltd.
What’s the difference between a termination with cause and without? Read David Brown’s post and find out.
Fixed-Term Employment: Manage the Risks and Respect Your Employees
Some employment contracts specify an end date, some don’t. Why do employers choose one or the other? At the end of the day, is there any difference?
Workations: A Path Towards Sustainable Employment?
Workations as a concept are nothing new. Employees, executives and business owners brought paperwork with them on holiday and maintained remote contact with the office long before we entered the Digital Age.
Probation: Why Bother?
We’ve weighed in previously on the issue of probationary employment and employers’ duties – and employees’ rights – in that context. A recent BC Supreme Court decision inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable?
Karmel v. Calgary Jewish Academy: When Cause Allegations Become Bad Faith Conduct
Lawyer Erin Brandt (nee Kizell), Contributor. At the risk of repeating ourselves (see previous posts on just cause dismissals here and here), this week’s blog post revisits the topic of just cause and the potential for financial disaster when an employer makes unfounded allegations against an employee. In a recent, high-profile employment law decision from […]
Off-Duty Misconduct – What’s an Employer to Do?
Lawyer Erin Brandt (nee Kizell), Contributor. We thought we had missed our window to comment on the issue of employee off-duty misconduct, now that more than two months have passed since Hydro One employee Shawn Simoes was fired for his on-air harassment of a television news reporter. However, the topic is once again in the […]
