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.
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.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Unfair Severance Offers Can be Risky Business for Employers
SPECIAL TO THE GLOBE AND MAIL My recent column on severance packages garnered more interest than others I’ve authored. One comment, from…
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Can a Manager Ask Employees to Take Unpaid Leave? Is it Legal? COVID-19 Concerns
NADIA HALUM ARAUZ, SPECIAL TO THE GLOBE AND MAIL My manager recently asked everyone on our team if we’re interested…
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COVID-19 & Employment Rights: Employment Questions Answered (Part IV)
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Daniel Lublin, a Partner and Employment Lawyer at Whitten & Lublin Employment…
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COVID-19 & Employment Rights: Employment Questions Answered (Part III)
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Daniel Lublin, a Partner and Employment Lawyer at Whitten & Lublin Employment…
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COVID-19 & Employment Rights: Employment Questions Answered (Part II)
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Daniel Lublin, a Partner and Employment Lawyer at Whitten & Lublin Employment…
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Salary During Coronavirus: Employment Questions Answered (Part I)
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Daniel Lublin, a Partner and Employment Lawyer at Whitten & Lublin Employment…
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Employment Rights During the Coronavirus Outbreak
Understand your employment rights during the Coronavirus outbreak. Employment Lawyer, Daniel Lublin, talks with CP24. Canada’s Finance Minister Bill Morneau…
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When a Voluntary Early Retirement Becomes Mandatory
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL As Canadian baby boomers approach retirement age, many are hoping to exit…
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Daniel Lublin on CBC News – Dallas Stars Fire Coach Jim Montgomery
Daniel Lublin, a partner, and an employment lawyer at Whitten & Lublin Employment Lawyers chats with CBC News about the…
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Daniel Lublin on CBC News – Don Cherry’s Termination For Cause & Wrongful Dismissal
Daniel Lublin, a Partner and an employment lawyer at Whitten & Lublin Employment Lawyers, chats with CBC News about Don…
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Changes To The Canada Labour Code 2019 – Breaks, Overtime, & Vacation Entitlements
The Canada Labour Code 2019 (CLC) only applied to federally regulated places of employment, which covers the minority of employees…
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Time Off to Vote – Employee Rights Under Ontario Laws
Upcoming Federal Elections 2019 The 42nd Parliament is now dissolved and the 2019 Canadian federal election is fast approaching with…
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Can a company reduce your salary in Ontario?
An employer cannot unilaterally change a fundamental term of employment without being at risk of a constructive dismissal claim. As…
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Daniel Lublin – Be Wary of Signing a Hiring Agreement
DANIEL LUBLIN, Partner at Whitten & Lublin, Employment & Labour Lawyers SPECIAL TO THE GLOBE AND MAIL Today, companies routinely…
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Breaks in an 8 Hour Shift in Ontario: What to Expect?
In Ontario, most workplaces are regulated by the Ontario Employment Standards Act (2000), which sets break times in the workplace,…
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Vacation Pay for Employees in Ontario – ESA,2000
Most workplaces in Ontario are covered under the Ontario Employment Standards Act (2000), which contains provisions about vacation and vacation…
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What will my rights be about marijuana in the workplace?
Marijuana in the workplace can be broken down into two categories. Recreational use and medicinal use. Recreational use: Workers should…
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Is a Conflict of Interest Cause for Dismissal?
Being involved in a conflict of interest within an employment relation is grounds for dismissal. This is because an employee…
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How Does an Employment Contract Become Legally Binding?
If a court were to analyze any terms of the employment contract in a case for damages, the court would…
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Ask a Lawyer-Pilot Video
Here is the recap of our live broadcast with Daniel Lublin answering questions about severance and other employment law issues…
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Limiting Common Law Notice Entitlements Through Termination Clauses
The main effect of termination clauses is to limit a possible much greater notice payment at common law, which is…
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New Ontario’s Pay Transparency Act in Effect January 2019
Ontario’s Pay Transparency Act, 2018 will become effective on January 1, 2019. The law will apply to all provincially-regulated employers…
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Freight Forwarding Companies: Federal or Provincial Employment Regulation?
Companies offering strictly freight-forwarding services on a national basis serve to organize shipment countrywide by using modes of transportation that…
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Mistakes to Avoid When Providing a Severance
It is important to avoid mistakes when administering a severance, as it may lead to further damages or compensation if…
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Election Day: Workplace and Voting Rights in Ontario
Voting rights in Ontario; workers are entitled to three (3) consecutive hours for the purpose of voting at polling stations.…
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Is it Permissible to Contract Out of the Canada Labour Code’s Adjudication Process?
Under the Canada Labour Code (CLC), federally regulated employers cannot terminate an employee with 12 months or more of continuous…
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Was I Under Duress When Signing My Employment Agreement?
Under common law, employment agreements signed under duress will be void. This is favourable to employees, as upon separation employees…
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Overtime Payment in Ontario: Salaried Employees
In Ontario, non-managerial/non-supervisory roles are subject to overtime payment provisions in most cases as per the Employment Standards Act (2000).…
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Break Times in Ontario Workplaces
In Ontario, the Employment Standards Act (ESA) provides most employees with one 30 minute meal break for every 5 hours…
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Deadline to File a Human Rights Complaint
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Ontario Government Announces Plan for Pay Transparency
In addition to the Fair Workplaces Better Jobs Act, the Ontario government has just announced its plans to implement further…
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Employer Provided a Negative Employment Reference-Is It Defamation?
A reference from a past employer can turn out to be the determining factor of whether a candidate lands a…
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New Equal Pay Provisions under Ontario Employment Law
The law in Ontario regarding “equal pay for equal work” protections was recently changed, resulting in important implications for both…
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Are Domestic Workers Hired by Householders Employees?
Domestic workers are individuals hired in a private household by householders to assist and/or supervise individuals such as children, elderly,…
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Personal Emergency Leave Time In Ontario – Clarifying Ambiguities
Under the Employment Standards Act (2000) in Ontario, employees are entitled to 10 Personal Emergency Leave (PEL) days. This is…
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What Are Your Rights When it Comes to Severe Contract Restraint?
Question: I am a registered nurse. My employer has created a contract restraint stating I must repay $50,000 if I…
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Termination Clauses and Constructive Dismissal Claims
When an employer unilaterally changes an essential term of the employment contract, the only remedy in employment law would be…
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Multi-National Company in Various Jurisdictions: Which Employment Laws Apply?
When a company has more than one location in jurisdictions with different employment legislation, typically the jurisdiction in which a…
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Contract Enforceability: When should the employment contract be signed?
To determine the enforceability, the courts will examine whether the parties to the employment agreement contemplated the term/clause in question…
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Contractors found to be Dependent and Awarded 24 Month Notice Pay
Under the law, independent contractors are not covered under employment law as they are not bound to a particular employer.…
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Is Uber my Employer? Or, am I Uber’s Contractor?
Being characterized as an employee rather than an independent contractor establishes certain obligations of the employer. Most notably, employment standards…
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Should Employer Return Your Personal Pictures and Files When Terminating You
Question: I have personal pictures on my work phone as well as personal pic and files on my old work…
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Federal Employers Require Just Cause for Termination of Employment
Usually, an employer may choose to terminate an employee by providing ‘reasonable notice’ of termination or payment in lieu equivalent…
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Terminating and Employee for Failing to Follow a Medical Plan
An employer may be justified in terminating an employee without notice for failing to obey an order in certain circumstances.…
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Misrepresentation Made During the Course of Hiring: Long Term Benefits
Employers must make sure that personnel involved in the recruitment process accurately represent all conditions of employment. This not only…
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Why Employers Should Use Non-Solicitation Agreements
The primary purpose of a non-solicitation clause in a contract of employment is to protect the employer from having its…
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Accepted Job Offer No Longer Available Days Prior to Start Date
When a job offer is made and signed by the candidate, a contractual obligation has been formed. The employee has…
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Social Media Privacy Policy in the Workplace
Social media and privacy in employment law is an evolving and developing concept. The pervasiveness of the internet and the…
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What Factors will Courts Consider in Determining Inducement?
Employers may have their recruiters aggressively pursue highly skilled employees, as this can greatly aid in the success of an…
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Frustration of Contract vs. Just Cause: What is the difference?
There are various ways an employer may end an employment relation. An employer may end a contact by offering an…
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Are you required to pay your employer a penalty if you resign?
Question: I am a registered nurse. My employer has created a contract stating I must repay $50,000 if I leave…
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Can an employer impose a longer probationary period than 3 months?
It is common knowledge for employment probationary periods to last for three months from the commencement of the employment relation.…
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Would I get paid my commission if I left the company?
Question: If I leave this company in around a month, would I still get paid my commissions from the deal…
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