Blog - Employment Contracts

Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
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An employment contract is a contract between you and your employer that outlines and guides the terms of your employment and working relationship with your employer. It may include terms regarding compensation, hours of work, probation period, termination, post-employment restrictions, vacation, bonuses, and shareholder agreements.
Featured image for “What are the Planned and Proposed Changes to the ESA?”

What are the Planned and Proposed Changes to the ESA?

The Ontario government is proposing new legislation that aims to increase fines under the Employment Standards Act (ESA) and enhance…

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Featured image for “Non-competes are becoming outlawed, but you might still be bound by one”

Non-competes are becoming outlawed, but you might still be bound by one

Published By: THE GLOBE AND MAIL Traditionally, workplace non-compete agreements are difficult for employers to legally enforce, but that hasn’t stopped…

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Featured image for “The Employer’s Guide to Robust Employment Contracts”

The Employer’s Guide to Robust Employment Contracts

Why are robust employment contracts essential in today’s job market? In today’s dynamic employment landscape, where over 7 in 10…

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Remote Work: Understanding CRA Guidelines

Remote work arrangements have risen in the post-COVID era, and with the CRA’s new guidance for remote work as of…

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Featured image for “Employee Benefits: Essential Insights for Employers”

Employee Benefits: Essential Insights for Employers

In today’s competitive job market, enhancing employee benefits is critical for retaining and recruiting top talent, as well and fostering…

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Featured image for “The Costly Risks of Termination Clauses”

The Costly Risks of Termination Clauses

One of the most critical yet often misunderstood aspects of employment law in Ontario is the enforceability of termination clauses…

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Featured image for “New Canada Labour Code Paid Medical Leave Provisions”

New Canada Labour Code Paid Medical Leave Provisions

What are the new paid medical leave entitlements under the Canada Labour Code? Since December 1, 2022, significant changes have…

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Featured image for “Workplace Policy Pitfalls: The High Cost of Miscommunication”

Workplace Policy Pitfalls: The High Cost of Miscommunication

What Are the Consequences of Not Communicating Workplace Policy Clearly? An early 2024 case has demonstrated the risk that comes…

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Featured image for “Strategies for Employers to Enhance Employee Benefits”

Strategies for Employers to Enhance Employee Benefits

In today’s competitive job market, employers looking to gain an edge in hiring can do so by looking for ways…

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‘They better have all their ducks in a row’

It was a news release that quickly made headlines beyond Canada: RBC had dismissed its CFO and an interim CFO…

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Featured image for “Impact of Non-Solicitation Clauses: A Case Study”

Impact of Non-Solicitation Clauses: A Case Study

In Catch Engineering Partnership v. Mai, 2023 ABKB 279, the Alberta Court of King’s Bench awarded $112,320 in damages against…

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Featured image for “Truth of the Canadian Job Market in 2024”

Truth of the Canadian Job Market in 2024

What are the current dynamics of the Canadian job market in the first half of 2024? As we traverse through…

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Featured image for “Importance of Having Your Employment Contract Reviewed”

Importance of Having Your Employment Contract Reviewed

What are the potential risks of overlooking the review of your employment contract? 81% of Canadian professionals will be seeking…

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Featured image for “Workers should second guess new contracts as courts crack down on severance-limiting clauses”

Workers should second guess new contracts as courts crack down on severance-limiting clauses

Published By: THE GLOBE AND MAIL Ask any business owner who has been sued for wrongful dismissal, what is the one…

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Featured image for “Post-Waksdale: Importance of Employment Contract Review”

Post-Waksdale: Importance of Employment Contract Review

In the aftermath of Wakedale, it has become more important than ever for employers to get their contracts reviewed by a…

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Featured image for “The Potential of Virtual Lawyers”

The Potential of Virtual Lawyers

In the ever-evolving landscape of employment law, having instant access to legal guidance is no longer a luxury-it’s a necessity.…

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Featured image for “Your Employment Contract – Can They Hold You to a Job?”

Your Employment Contract – Can They Hold You to a Job?

Can You Resign Immediately After Signing a New Employment Contract? What do you do when you just signed a new…

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Featured image for “Remote Work Realities and the Grindr Effect”

Remote Work Realities and the Grindr Effect

Can employees choose remote work without it being explicitly in their employment agreement? With many Canadians having grown accustomed to…

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Featured image for “Contract Trends Heading into 2024”

Contract Trends Heading into 2024

Are Millennials and Gen Z Living Paycheck to Paycheck? Increased cost of living and overall economic uncertainty have many Canadians…

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Featured image for “The Pitfalls of ‘Free’ Legal Consultations”

The Pitfalls of ‘Free’ Legal Consultations

Are Free Consultations Worth the Risk? In the world of law, as in life, you often get what you pay…

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Featured image for “Updates to Canada Labour Code and Implications”

Updates to Canada Labour Code and Implications

The federal Budget Implementation Act, 2018, No. 2 introduced a number of changes to federally regulated employees whose employment rights…

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Featured image for “Amazon’s Return to the Office Policies Spark Controversy”

Amazon’s Return to the Office Policies Spark Controversy

Can Amazon Terminate Employees for Not Returning to the Office 3 Days a Week? In the ever-evolving landscape of employment…

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Featured image for “Selecting the Ideal Employment Lawyer: A Guide”

Selecting the Ideal Employment Lawyer: A Guide

In the quest for an employment lawyer, particularly the one deemed the best for you, here are the top 3…

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Featured image for “When Can My Employer Modify My Work Schedule?”

When Can My Employer Modify My Work Schedule?

Does Your Employment Contract Address Schedule Changes?  The resolution to this inquiry hinges significantly on the presence of provisions in…

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Featured image for “Ontario to Mandate Pay Transparency in Job Listings”

Ontario to Mandate Pay Transparency in Job Listings

Ontario is taking a significant step towards enhancing pay transparency in job listings, with new legislation on the horizon. The…

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Featured image for “As Side Gigs Become Common, What Are The Rules For Employees?”

As Side Gigs Become Common, What Are The Rules For Employees?

Published By: THE GLOBE AND MAIL These days, many Canadians are struggling to make ends meet. With so many workers…

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Featured image for “Why Employment Contracts Matter”

Why Employment Contracts Matter

Why is employer recruiting activity still declining in Q2 2023? A new report from the Indeed Hiring Lab shows that…

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Featured image for “Toronto Dominion Bank’s $500M Battle for Employee Rights”

Toronto Dominion Bank’s $500M Battle for Employee Rights

A fresh chapter unfolds as a proposed class action lawsuit takes center stage against The Toronto Dominion Bank. The lawsuit…

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Featured image for “Considering Using AI for Legal Advice? Here’s Why it’s Not Ready”

Considering Using AI for Legal Advice? Here’s Why it’s Not Ready

Published By: THE GLOBE AND MAIL Why pay for a lawyer’s advice when you can find it online for free?…

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Remote Work Redefining Sick Days

Can Employees Choose Remote Work Post-COVID? With many Canadians having grown accustomed to working remotely during the COVID-19 pandemic, many…

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Featured image for “Empowering Employers: Recent Changes to Canada Labour Code”

Empowering Employers: Recent Changes to Canada Labour Code

Updates to Canada Labour Code? As of July 9, 2023, amendments to the Canada Labour Code have taken effect, placing…

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Featured image for “Legal Alarms: Are Your Employment Contracts Outdated?”

Legal Alarms: Are Your Employment Contracts Outdated?

Recent changes to the law should have employers reviewing their employment contracts. Since 2020, the landscape of employment contracts and…

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Featured image for “Amazon’s Return-to-Office Blitz: The Battle for Workforce Waves!”

Amazon’s Return-to-Office Blitz: The Battle for Workforce Waves!

How did the COVID-19 pandemic change remote work dynamics for employees? Over the COVID-19 pandemic many employees began working remotely…

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Featured image for “Work from Anywhere Weeks: Blessing or Curse?”

Work from Anywhere Weeks: Blessing or Curse?

Do employees have the right to choose remote work? The COVID-19 pandemic led to many employees either choosing to or…

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Featured image for “Cigna Long-term Disability Claims: Disputes and Denials”

Cigna Long-term Disability Claims: Disputes and Denials

Why do disputes arise between employees on long-term disability and insurers? The last thing that an employee on long-term disability…

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Featured image for “Beyond 9 to 5: Unmasking the Impact of Off-Duty Conduct”

Beyond 9 to 5: Unmasking the Impact of Off-Duty Conduct

How has the digital world and remote work blurred the line between work time and personal time? There has always…

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Featured image for “Employment Rights : Extended Notice Beyond 24 Months”

Employment Rights : Extended Notice Beyond 24 Months

What is “reasonable notice of termination” and its significance? During the current recession, it is important for all employees to…

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Featured image for “Hybrid Work Policy Demands in PSAC Strike”

Hybrid Work Policy Demands in PSAC Strike

The Public Service Alliance of Canada (PSAC) has been on strike since April 19, after two years of negotiations with…

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Featured image for “Protecting Remote Workers’ Rights”

Protecting Remote Workers’ Rights

There was a significant boom in the number of employees working remotely as a result of the COVID-19 pandemic.  However,…

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Featured image for “Remote Workers’ Rights & Legal Implications”

Remote Workers’ Rights & Legal Implications

Throughout the COVID-19 pandemic, we saw many workers leave the city, or even the province. While some have since been…

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Featured image for “Canada’s Parental Benefits May Cover Adoptive/Surrogate Parents”

Canada’s Parental Benefits May Cover Adoptive/Surrogate Parents

The federal government is looking to implement new changes to parental leaves and the benefits that new parents can claim.…

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Featured image for “$800M Class-action Lawsuit Launched Against RBC Dominion Securities”

$800M Class-action Lawsuit Launched Against RBC Dominion Securities

On December 29, 2022, the Ontario Superior Court certified a class proceeding against RBC Dominion Securities, which claims that it failed…

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Featured image for “Remote Work Ban at Twitter – What are Your Employee Rights?”

Remote Work Ban at Twitter – What are Your Employee Rights?

Since he purchased Twitter, Elon Musk has been taking a hard line with employees. He has told them there will…

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Featured image for “Departing Employees Be Aware: Risks of Taking Clients from Former Employer”

Departing Employees Be Aware: Risks of Taking Clients from Former Employer

Workers may well know the recently passed Ontario legislation (Bill 27: Working for Workers Act, 2021) that generally prohibits non-compete…

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Featured image for “Being Forced To Go Back To The Office – Remote Work”

Being Forced To Go Back To The Office – Remote Work

With more and more Canadians shifting back to a more normal way of living given the current state of the…

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Featured image for “Ontario Courts Slashes Enforceability of Many Employment Contract Provisions”

Ontario Courts Slashes Enforceability of Many Employment Contract Provisions

In recent years, the Ontario courts have been increasingly strict in the reading of employment contracts.  New decisions by the…

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Featured image for “Chasing Increased Wages and Benefits During Inflation”

Chasing Increased Wages and Benefits During Inflation

As inflation continues to pound Canadians, many employees are expecting significant raises to chase the falling dollar and increased costs.…

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Featured image for “Top-up while on Maternity Leave: What Are the Rules?”

Top-up while on Maternity Leave: What Are the Rules?

What is maternity and parental leave? How to top up your maternity leave? A maternity leave for Canadian employees can be either…

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Featured image for “Impact of Inflation on Compensation and Benefits”

Impact of Inflation on Compensation and Benefits

Record inflation in Canada has left all Canadians feeling the impact of the increased cost of groceries, gas, basic household…

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Featured image for “Working Remotely From Another Province”

Working Remotely From Another Province

The initial wave of the COVID-19 pandemic forced many employees to work remotely if they were able to do so.…

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Featured image for “Amendments to the Competition Act”

Amendments to the Competition Act

With its first significant amendments to the Competition Act since 2009, Canada has taken a major step toward strengthening the…

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Featured image for “Relocating Abroad: Can I Move Abroad and Not Tell My Boss?”

Relocating Abroad: Can I Move Abroad and Not Tell My Boss?

Throughout the COVID-19 pandemic, we saw many workers jump on the opportunity to move out of the city and into…

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Featured image for “Choosing the Right Employment Lawyer for Workplace Disputes”

Choosing the Right Employment Lawyer for Workplace Disputes

Whether you are an employee facing a legal issue at work, or an employer determining how to address an issue…

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Featured image for “Workers Quitting Over Return to Office Policies”

Workers Quitting Over Return to Office Policies

Now that things appear to be returning to a level of normalcy since the pandemic started, some companies have opted…

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Featured image for “What courts Say About Rights of Dependent Contractors Should be a Wake-up Call for Businesses”

What courts Say About Rights of Dependent Contractors Should be a Wake-up Call for Businesses

Special to The Globe and Mail For many Canadian workers, the Pandemic has accelerated an evolution toward freelance work. Both…

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Featured image for “Employee Reference Check – Can a Former Employer Badmouth You?”

Employee Reference Check – Can a Former Employer Badmouth You?

It is inherently awkward to ask a former employer to give you a positive reference when you are seeking to…

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Featured image for “Who Decides When Employees Must Return to Office?”

Who Decides When Employees Must Return to Office?

Elon Musk, CEO of Tesla, is known for making bold moves and statements when managing his companies and business interests.…

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Featured image for “How to Pick the Best Employment Lawyer?”

How to Pick the Best Employment Lawyer?

Are you looking for an employment lawyer, perhaps the best employment lawyer? Read on to find our take on how…

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Featured image for “Can my employer change my regular work schedule?”

Can my employer change my regular work schedule?

The answer to this question will largely depend on whether your contract has any provisions concerning the change in work…

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Featured image for “Quitting your job requires more than providing two weeks’ notice. Here are the legal landmines to avoid”

Quitting your job requires more than providing two weeks’ notice. Here are the legal landmines to avoid

SPECIAL TO THE GLOBE AND MAIL Questions about what the new workplace will look like are a key theme in…

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Featured image for “With Vaccine & Mask Mandates Being Removed, Can Employees Refuse to Return to Office?”

With Vaccine & Mask Mandates Being Removed, Can Employees Refuse to Return to Office?

Many employees have been required to work remotely over the past two years due to the COVID-19 pandemic. As of…

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Featured image for “Is Secretive Recording in the Workplace Cause for Dismissal?”

Is Secretive Recording in the Workplace Cause for Dismissal?

A recent BC case considered this very question. The BC court shed some light on how secretive recording in the…

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Featured image for “Can Your Employer Require You to Take a COVID Booster Shot?”

Can Your Employer Require You to Take a COVID Booster Shot?

Many employers in Ontario implemented mandatory vaccine policies in 2021 that required their employees to receive COVID-19 vaccinations to continue…

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Featured image for “Who Pays for Rapid Antigen Testing in the Workplace?”

Who Pays for Rapid Antigen Testing in the Workplace?

As regular testing for COVID-19 continues to be commonplace in many workplaces, it is not always clear who should be…

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Featured image for “The Pandemic and Reduction of Hours: Employee Options and Rights”

The Pandemic and Reduction of Hours: Employee Options and Rights

The pandemic has hit many workplaces with decreased demand for their services, which in turn affects the availability of work…

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Featured image for “Right to Disconnect and a Rule Against Non-Compete Agreements”

Right to Disconnect and a Rule Against Non-Compete Agreements

On November 30, 2021, the Ontario government announced the passing of new legislation, the Working for Workers Act, 2021 (“WWA”),…

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Featured image for “Non-compete Clause – Working for Workers Act, 2021”

Non-compete Clause – Working for Workers Act, 2021

The Ontario government has recently announced a new bill that, if passed, will have significant implications on workplace relationships. Called the…

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Featured image for “The Ontario Working for Workers Act, 2021: Right to Disconnect”

The Ontario Working for Workers Act, 2021: Right to Disconnect

The Ontario government has proposed legislation today – Working for Workers Act, 2021 that, if passed, would help workers adjust…

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Featured image for “Mandatory Vaccination Policies for Contractors”

Mandatory Vaccination Policies for Contractors

Much ink has been spilled debating whether an employer can require its employees to vaccinate, as well as the consequence…

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Featured image for “Can an Employer Ask Employee to Work While on Vacation or Return Early from Vacation?”

Can an Employer Ask Employee to Work While on Vacation or Return Early from Vacation?

What should an employee do if their boss cancels an approved vacation? Or if an employer requests an employee to…

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Featured image for “COVID-19 Return to Work – What Happens if an Employee Isn’t Willing to Return to Office?”

COVID-19 Return to Work – What Happens if an Employee Isn’t Willing to Return to Office?

As vaccination rates increase and cases of COVID-19 decline, many workplaces have begun announcing their return to office plans. Some…

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Featured image for “Russell v The Brick Warehouse : Judge Awards 24 Months Notice and $25,000 in Moral Damages”

Russell v The Brick Warehouse : Judge Awards 24 Months Notice and $25,000 in Moral Damages

In the recent decision by the Superior Court of Ontario in Russell v The Brick Warehouse case, the court has…

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Featured image for “If an Employee Refuses to Appear on Camera, What Steps Can an Employer Take in Response?”

If an Employee Refuses to Appear on Camera, What Steps Can an Employer Take in Response?

First off, it would be wise for employers to build an in-camera requirement into contracts, job descriptions and/or workplace policies.…

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Featured image for “Can Your Employer Force You to Use a Camera During Virtual Meetings? “Zoom Fatigue””

Can Your Employer Force You to Use a Camera During Virtual Meetings? “Zoom Fatigue”

In short, an employer can tell an employee to do just about anything within the general constraints of the employee’s…

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Featured image for “Internet Requirements for Remote Employees – Service and Security”

Internet Requirements for Remote Employees – Service and Security

As many employees continue to work from home, some employers are taking steps to ensure workers have access to a…

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Featured image for “5 Provisions to Consider in Negotiating your Employment Agreement during  COVID-19”

5 Provisions to Consider in Negotiating your Employment Agreement during COVID-19

COVID-19 has resulted in massive change in the workplace and has forced employers and employees to reconsider the fundamentals of…

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Featured image for “How Do You Know if The Terms of Your Job Offer Are Fair?”

How Do You Know if The Terms of Your Job Offer Are Fair?

Special to The Globe and Mail Hiring agreements are becoming too complicated. As an employment lawyer, sometimes even I have…

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Featured image for “Should an Employer Have a Work from Home Agreement For its Employees?”

Should an Employer Have a Work from Home Agreement For its Employees?

With the most recent stay-at-home order, where the provincial government is strongly encouraging those that can, to work remotely for…

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Featured image for “The Pandemic’s Impact on Severance Packages”

The Pandemic’s Impact on Severance Packages

COVID-19 pandemic has resulted in mass layoffs and terminations all across the world. With every termination comes the topic of…

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Featured image for “RBC Class Action Lawsuit Seeks Compensation for Years of Under-paid Vacation Pay”

RBC Class Action Lawsuit Seeks Compensation for Years of Under-paid Vacation Pay

Daniel Lublin of Whitten & Lublin will be one of the lead lawyers in an upcoming RBC class-action lawsuit. The…

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Featured image for “Employee Severance Entitlements: Bell Media’s Closure of Local Sports News Stations”

Employee Severance Entitlements: Bell Media’s Closure of Local Sports News Stations

If you are an employee in a niche market, you need to be aware of your employee severance entitlements upon…

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Featured image for “Relocating Without Consent: Cause For Dismissal”

Relocating Without Consent: Cause For Dismissal

As workers become more comfortable with working from home, many may be considering this as an opportunity for relocating without…

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Featured image for “What’s in Store For Workplace Law in 2021?”

What’s in Store For Workplace Law in 2021?

Daniel Lublin, Special to The Globe and Mail What’s in store for workplace law in 2021? Here are the hot-button…

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Featured image for “What Employees Need to Know About Ontario’s Second Emergency and Stay-At-Home Order”

What Employees Need to Know About Ontario’s Second Emergency and Stay-At-Home Order

The government has declared Ontario’s second emergency state and issued a new stay-at-home order requiring everyone to remain at home,…

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Featured image for “COVID-19 Update: Ontario Issues Stay-at-home Order”

COVID-19 Update: Ontario Issues Stay-at-home Order

Amid escalating COVID-19 statistics following the holidays, the City of Toronto and the Province of Ontario have both issued updated…

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Featured image for “Can My Employer Force Me To Take a COVID-19 Vaccine?”

Can My Employer Force Me To Take a COVID-19 Vaccine?

As with many workplace law issues, whether an employer can make it mandatory that employees get the COVID-19 vaccine will…

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Featured image for “Are You a Newly Minted Remote Worker? Rights And Obligations of a Remote Worker”

Are You a Newly Minted Remote Worker? Rights And Obligations of a Remote Worker

SPECIAL TO THE GLOBE AND MAIL Are you thinking of riding out the pandemic on a warm and sunny island?…

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Featured image for “Dangers of Fixed Term Contract”

Dangers of Fixed Term Contract

A fixed term contract is a term used for an arrangement between an employee and an employer where the employee…

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Featured image for “Benefits And Vacation Time During COVID-19”

Benefits And Vacation Time During COVID-19

Are employees entitled to 100% of benefits and vacation time? As the province wavers between phases and some employees enter…

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Featured image for “Travel Restrictions: COVID-19 Update For Employees”

Travel Restrictions: COVID-19 Update For Employees

On September 28, 2020, the Federal Government announced it would be extending international travel restrictions to October 31, 2020, requiring…

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Featured image for “Employers Now Required to Screen Employees For COVID-19 Symptoms Before Each Workday or Shift”

Employers Now Required to Screen Employees For COVID-19 Symptoms Before Each Workday or Shift

The Ministry of Health issued new rules effective September 26, 2020, requiring employers in all sectors to screen employees for…

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Featured image for “The Hospitality Industry During COVID-19: Reopening The Economy”

The Hospitality Industry During COVID-19: Reopening The Economy

The hospitality industry during COVID-19 faces unique challenges to resuming normal business operations, specifically owing to the inherent in-person nature…

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Featured image for “Breaking: Ontario Government Extends Infectious Disease Emergency Leave Until January 2, 2021”

Breaking: Ontario Government Extends Infectious Disease Emergency Leave Until January 2, 2021

In response to the unprecedented COVID-19 pandemic, the Ontario government passed a regulation that changed some Employment Standards Act, 2000…

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Featured image for “Class Action Lawsuit Against Starbucks For Overtime Payment”

Class Action Lawsuit Against Starbucks For Overtime Payment

An employee of Starbucks is proceeding with a motion that threatens a class action lawsuit against Starbucks for unpaid overtime…

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Featured image for “Supreme Court Rules Class Action Lawsuit Against Uber May Proceed”

Supreme Court Rules Class Action Lawsuit Against Uber May Proceed

A recent ruling by the Supreme Court of Canada (SCC) has ruled that a class action lawsuit against Uber Technologies…

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Featured image for “Ontario Has Revoked its Declaration of Emergency – What Does This Mean For Your Employment?”

Ontario Has Revoked its Declaration of Emergency – What Does This Mean For Your Employment?

On March 17, 2020, the provincial government declared an emergency Order due to Covid-19. The declared emergency was extended, most…

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Featured image for “The Termination Clauses You Signed May Be Void: Recent Ruling by Ontario Court of Appeal”

The Termination Clauses You Signed May Be Void: Recent Ruling by Ontario Court of Appeal

The recent ruling by the Ontario Court of Appeal in Wakesdale vs. Swegon North America (ONCA 391 2020) has the…

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Featured image for “COVID-19 Related Event Cancellations: Seasonal Workers Severance Entitlements”

COVID-19 Related Event Cancellations: Seasonal Workers Severance Entitlements

From music concerts to street festivals such as the Taste of the Danforth, events throughout the province are facing cancellations…

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Featured image for “Ensure a Successful Return to Work After COVID-19”

Ensure a Successful Return to Work After COVID-19

The unprecedented COVID-19 pandemic has resulted in new workplace considerations for return to work after COVID-19 across a variety of…

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Featured image for “COVID-19 & Employment Rights: Employment Questions Answered (Part V)”

COVID-19 & Employment Rights: Employment Questions Answered (Part V)

DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Daniel Lublin, a Partner and Employment Lawyer at Whitten & Lublin Employment…

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