Dusting Off the Original Employment Agreement – What Happens When an Employee’s Role Changes?
Claims of constructive dismissal are typically triggered by adverse changes to an employee’s position such as the loss of managerial responsibilities, significant wage cuts and demotions. However, it is also the case that positive, mutually rewarding and welcome changes to an employee’s roles and responsibilities can have an impact on the underlying employment agreement. The […]
“Extra Breathing Room”: Dangers And Benefits Of Extending The Probation Period
Many employers require employees to agree to a probationary period (usually 3 months, but sometimes longer) during which the employer can dismiss the employee for any lawful reason whatsoever without notice or pay in lieu. The purpose of the probationary period is to allow the employer an opportunity to assess the new employee and determine […]
Uncomfortable Conversations — Politics, Religion, and the Terms of Your Employment Contract
When starting a new romantic relationship, there are specific topics that are generally understood to be best avoided. Some examples include: How much you dislike your ex; Politics and religion; Money; and, How soon they are looking to get married. These topics can be very personal, and the inherent fear is that the relationship will […]
Terminations During the Probationary Period: Three Common Assumptions
Many employers like to take the first few months of a new employee’s employment to decide whether their new hire is the right addition to the team. Some like to call it a probation, others, a trial or evaluation period. Irrespective of what it is called I have noticed three recurring assumptions about this initial […]
The State Has No Place In The Bedroom Of The Nation… But Does Your Employer?
In 1968, former Prime Minister Pierre Elliot Trudeau ushered in significant changes to the Criminal Code, which had until then criminalized homosexuality, with the following well-known pronouncement: There is no place for the state in the bedroom of the nation. What is done in private between two adults does not concern the Criminal Code. Although […]
How Enforceable are Non-Competition and Non-Solicitation Agreements in Employment Contracts?
It is common for clients to seek advice about the legality of non-competition and non-solicitation clauses (sometimes referred to as “restrictive covenants”) in their employment contracts. For someone who has recently lost their job, the idea of having to sit on the bench for months or face risking a law suit can present a serious […]
The Price of Breaking Promises in Settlement Agreements
Breaking a promise to keep the terms of settlement confidential can mean having to give settlement money back. For some employees, the legal documents that they are asked to sign after the parties have agreed to a dollar value to settle a claim for wrongful dismissal can seem like “mere details”. Employees who sign such settlement […]
Starting a New Job? What to Consider When Reviewing Your Employment Contract.
1. Start Date Take the time to read the employment contract before you sign and before you start working. 2. Termination Clause This is the part of the contract that sets out how much notice the employer will give you if the decision is made that it is time to part ways. Often the clause […]
Employee’s Duty to Mitigate Damages
It is a general principle of employment law that an employee who is terminated from employment is required to make reasonable efforts to find other sources of income or “mitigate their damages”. Generally, income that is earned by an employee after he or she is terminated from employment during a reasonable notice period is deducted […]