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.
You can be terminated or dismissed from your job without any reason, if your employer provides the proper advanced warning or payment, known as severance. In this situation, the amount of severance you received must be fair and reasonable.
Sometimes, your employer can terminate you without any warning or severance but only if you have engaged in very serious misconduct. This is known as a dismissal for “just cause”. Your employer has a legal duty to demonstrate that your behaviour was so bad that no other alternative existed but to immediately dismiss you.
Amazon Layoffs: Company to Reduce 9,000 Employees.
Amazon has announced its plan to cut 9,000 jobs in the next few weeks. This is in addition to the…
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Mishandling a Layoff Can Be a Costly Mistake for Employers
Special to The Globe and Mail Eyebrows were raised recently when Elon Musk issued an ultimatum to Twitter employees that…
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Meta Lays off 11,000 People
Meta, Facebook’s parent company, has laid off approximately 11,000 of its employees as a result of a continued decline in…
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Can You be Fired for Refusing to Adhere to the Mask Policy at Work?
Employees should tread carefully when choosing to not follow workplace restrictions related to the COVID-19 pandemic. A recent case from…
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Fired During Recession – Recession as a Pretext for Termination?
Recessions can put great pressure on employers’ bottom lines, and payroll often gets put on the chopping block. The process…
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Terminated for Cause: Severance Entitlement
Employment relationships generally come to an end in one of a few ways – with one of the more common…
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Deloitte Reversing COVID-19 Vaccine Mandates
The announcement that Deloitte is reversing COVID-19 vaccine mandates signals the crossroads at which many employers find themselves as society…
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Employees Refuse to Return to Work Over COVID-19 Concerns
There have been instances where employees have refused to return to work over Covid-19 concerns. Their refusal to continue working…
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Lockdown Terminations: Cineplex Laid Off 6,000 Part-Time Workers
Cineplex laid off 6,000 part-time employees temporarily in Ontario and Quebec last week. Approximately 5,000 of those jobs were in…
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Vaccination and Terminations in Federally Regulated Workplaces
If you are an employee working in a provincially regulated workplace, absent discrimination upon illness or religious grounds, an employer…
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Is it Acceptable to Dismiss a Worker Remotely?
Prior to COVID-19, most workplace lawyers would recommend that an in-person termination meeting was the best form. Although there is…
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Can Poor Performance During COVID-19 be a Cause For Dismissal or Reduction in Salary?
As many companies have their financial year-end in December, the new year is a common time to discuss an employees’…
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Supreme Court of Canada Will Not Hear Waksdale Appeal
The Supreme Court of Canada won’t hear an appeal of the Ontario Court of Appeal’s June 6, 2020 Waksdale decision.…
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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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How Much Can You Sue For Wrongful Dismissal in Ontario?
Before you sue for wrongful dismissal, make sure you understand your rights and also the legal terminology behind your claim.…
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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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Is There a Standard Formula for Common Law Notice
Employment law entitlements are bare minimum guarantees. If not subject to a termination clause that limits termination pay to statutory…
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Termination Clauses: Contracting out of Common Law Notice
Within an employment context, an employer can usually end employment without there being misconduct by the employee by providing notice…
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Canada Labour Code: Can an Employer Claim Layoff for an Employee Returning from Illness/Injury?
The Canada Labour Code (The Code) applies to employees working within federally regulated industries. This includes industries such as telecommunications,…
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Duty to Mitigate and Human Rights Violations
Under the Ontario Human Rights Code, employees that are dismissed as a result of discrimination still have a duty to…
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Human Rights Law and Pregnancy
Under human rights law, pregnancy is a protected ground of discrimination under sex/gender. This means that an employer cannot legally…
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Intoxication at Work: Is this cause for dismissal?
Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing…
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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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Does a “Near Cause” Incident Reduce the Amount of Notice Pay Needed for Terminating an Employee?
The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an…
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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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Frustration of Contract and Long Term Disability Benefits
Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and…
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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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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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Ending Fixed Term Contracts: Is a typical severance package sufficient
In the case of Howard v. Benson (2016), the Ontario Court of Appeals cleared up any uncertainty regarding employers ending…
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Terminated without notice: are discretionary bonuses part of the severance package?
Bonuses may make up a significant portion of pay for executives, senior managers, and other high skilled employees. Upon termination…
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When is a non-solicitation clause not enough?
Non-solicitation clauses prohibit an employee from actively pursuing clients of the employer when the employment relation has ended. To be…
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Constructive Dismissal – An Intolerable Environment or Culture
When an employer unilaterally changes a fundamental term of an employee’s job, then an employee may quit and claim ‘constructive…
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Can You Collect Employment Insurance (EI) if Fired?
The general rule for Employment Insurance eligibility is having lost employment for no fault of your own. If an employee…
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Employment Contract – What to Include and Why
A written employment contract is essential for employers and employees to minimize future disputes and the risk of costly litigation. …
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Constructive Dismissal: Some common signs and considerations to make
Constructive dismissal is a legal term that means the employer imposed changes upon the working relationship that caused the employee…
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Employment Insurance Requirements under 3 scenarios: Quitting, Dismissed for Cause, Dismissed Without Cause
Eligibility Requirements for Employment Insurance Paying into the Employment Insurance program is usually automatic, with regular deductions taken from you…
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Unwritten Terms of Employment Contracts
Contracts- Implied Terms: It is not uncommon for terms of employment between workers and employers to be unwritten. Disputes between…
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Acceptable Scope of a Non-Solicitation Clause: A Real-Life Example
For most employees, a non-solicitation clause should be all that is necessary if an employer is seeking to protect his/her…
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A Case of Employee Dishonesty Resulting in Termination
Where there is ‘just cause’ for termination an employer is not obligated provide an employee notice of termination or pay…
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An Impassioned Employee Storms Out of the Office: Is This Resignation From Job?
When an employee resigns there is usually clear actions that support their decision. This may include a written letter, a…
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Dismissal for Poor Performance: Does an Employer Need to Provide Severance?
Only if there is just cause for termination, the employer may terminate the employee without severance pay. As an employer,…
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Termination Clauses and Contracting Out: Clarity Given by Recent Ontario Appeals Court Ruling
Employment Standards Act Review: The Employment Standards Act (2000) grants employees minimal guarantees. In terms of termination, the Employment Standards…
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Are your Employment Contracts Illegal?
Better cautious now than sorry later. If you’re wondering if your employment contracts are illegal, then its always a safer…
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Are you entitled to bonus pay that would have been earned during your notice period in the case of wrongful dismissal?
A notice period is required by an employer seeking to terminate an employee. Employers can either provide the employee with…
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Can a Non-Payment of a Bonus Trigger Constructive Dismissal?
In the case of bonus pay, would a disagreement over the entitlement, and subsequently a non-payment, be enough for an…
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Lateness and Absenteeism
In General, an employer has a reasonable expectation that employees will not be late for work on a regular basis…
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Tips for Legally Sound Termination Letter
It is all too easy to write a termination letter that does not comply with the law. Here are some…
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Can an Employer Terminate an Employee Charged But Not Yet Convicted of a Criminal Offence?
An employer may be concerned about damaging their reputation by continuing to employ an individual that has been charged with…
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How To Choose the Best Wrongful Termination Lawyers
You have questions about your wrongful termination, but how can you find a wrongful termination lawyer you can trust? Do…
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Employee Duty to Mitigate Damages After Being Terminated
Being terminated from employment can be an emotional and impassioned time but it is important that employees remain mindful of…
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Important Additions in a Severance Package
The purpose of a severance package is to make a terminated employee “whole” over a reasonable period of time. Very…
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Employees’ Wrongful Actions and Employers’ Liability
Employers may be found liable for the wrongful actions of their employees under certain conditions. The wrong must be tortious…
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Holiday Party & Corporate Liability
A staff holiday party is a great way of celebrating the holiday season. It can also be an effective way…
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Two Years of Severance Awarded to Dedicated Employee
Daniel Lublin was once again successful in obtaining one of the lengthiest severance awards for an employee in Ozorio v.…
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Pokémon GO vs. Work FLOW
In case you have been living under a rock for the past month the Pokémon GO game craze has hit…
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Your Legal Rights in Disability Insurance Disputes
An employee who becomes disabled, or otherwise becomes incapable of performing the essential functions of their job, and may be…
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Your Legal Rights After Maternity Leave is Over
Employers are usually obligated to reinstate an employee following a maternity leave. The employee has the legal right to be…
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Severance Pay in Canada
Typically, all non-unionized employees that are dismissed without cause are entitled to notice of their termination or pay in place…
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Your Rights When You Face Termination Without Cause
A terminated employee is typically entitled to fair severance, unless he or she did something so serious to warrant losing…
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What is Wrongful Dismissal and Are You a Victim?
A dismissal is wrongful if an employee has been terminated without adequate notice or fair payment in lieu of that…
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The consequences of avoiding to pay a dismissed employee with a severance package
Employers should be careful when fabricating an allegation of cause for termination in order to avoid paying a dismissed employee…
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Can an Employer Terminate an Employee Who is Ill?
Question: I was fired through email, while undergoing cancer treatment! I believe I was let go because I had to…
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Q&A: Forced retirement – is this allowed?
QUESTION Forced retirement, to some employers is one viable way of making space for a new hire. To other employers,…
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The Highlights of Off-Duty Conduct
Termination Due to Off-Duty Conduct The vulgar, off-duty conduct of Hydro One employee, Shawn Simoes, has brought concern for many…
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Q&A: Unjust Performance Review?
QUESTION This concerns an unjust annual performance appraisal that will affect my salary. My manager is expecting me to sign…
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I worked long term and disagree with these changes- what next?
I have worked as a courier for 26 years. This week, my company hired a third party courier company who…
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Does a Paid Suspension Constitute Constructive Dismissal?
Constructive dismissal claims are established by proving that a fundamental change in employment has occurred (i.e., working conditions, duties, and…
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Employee Work Skeletons Can Harm Future Employment
Employees-beware of your work skeletons! Social media can be a good source for many things, even handy for employers to…
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Employment contracts and their validity
There is the possibility that an employment contract may or may not hold up in Court. This is why it…
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Affected by mass layoffs?
Recent events have caused mass layoffs of various employees, including Target, Suncor and SNC-Lavalin. Employees affected are in the hundreds.…
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Age and severance packages
Age has been noted as an important factor in determining severance. When potential job candidates seek employment, chances are the…
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Reasonable notice of Termination
Reasonable notice of termination is a principle used where an employer has an obligation upon termination to either provide advanced,…
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Termination following operation is legal?
Termination of employment following sick leave can result in a discrimination claim. People in general are entitled to address their…
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Your legal questions answered
Toronto Employment lawyer, Daniel Lublin hosted a live chat on the Globe and Mail’s Career section, where he answered reader’s…
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Employees’ beware- Off-duty conduct can impact your work
An employee’s conduct at work and out of work can eventually lead to potential discipline or termination by their employer. …
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Teacher dismissed after 40 year-old risqué films discovered
Recently, 73 year-old Jacqueline Laurent Auger was dismissed from her place of employment at a Montreal prestigious private school, based…
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Employment terminations
Employment terminations can be cruel, and finding a lawyer that suits your wallet, is intimidating. All termination scenarios vary from…
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The workplace computer and your legal rights
A termination of employment can give rise to a number of factors that can cause frustration. Whether you are a…
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Enforcing Written Employment Contracts
The manner in which an employment contract is written and the language employer’s use to deal with employee terminations can…
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Your employment rights regarding mental illness therapy
An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses sometimes require…
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Everything you need to know when it comes to termination
An employee’s right to protect themselves from termination of employment is reasonable. Daniel Lublin, Toronto Employment Lawyer offers some insight…
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Protecting yourself from being dismissed
Securing your employment is something every employee wants and it is reasonable for an employee to want protection from being…
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Ex-employee soliciting former employer clients: is it legal?
In his recent Globe and Mail column, Toronto Employment Lawyer Daniel Lublin, answers some of the most common questions that…
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Employee fired over an injury sets legal precedent in Ontario
A 2013 ruling in Wilson v. Solis Mexican Foods Ltd sets a new precedent, paving the way for employees to…
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Failure to investigate alleged misconduct can be costly
It is not uncommon for employers to fire first and ask questions later, especially in instances of alleged employee misconduct.…
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Court blocks executive’s move from Blackberry to Apple
On March 24, 2014 the Ontario Superior Court of Justice prevented a senior executive at Blackberry from moving to its…
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Receiving Your Severance Entitlements
The Most Common Questions After Termination How much more severance am I entitled to? How long will it take to…
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What Steps to Take if Fired?
What Steps to Take if Fired From a Major Company Daniel Lublin hosted a live chat on the Globe and…
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Your employment law questions answered
Do you have any questions regarding severance, termination packages, or any other legal questions regarding employment law? Today, at noon…
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Go Back to Your Job After Being Fired from Your Job? Your Duty to Mitigate May Require It
Failing to Mitigate His Loss An employee who refused to return to work after mistakenly being fired from his job…
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Q&A: Can I use after-acquired information to justify terminating for cause?
The Supreme Court of British Columbia: Kenneth Campbell A recent decision from the Supreme Court of British Columbia (2013 BCSC…
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Employee Fired After Seeking Marijuana on Twitter While at Work
Employee Posting Inappropriate Requests on Twitter Sunith Baheerathan was fired from a Toronto area Mr. Lube after it came to…
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Q&A: Is it wise to compare a severance package to a colleague’s?
Comparing Severance Packages In the event of mass termination, most often employees will discuss their severance packages and compare them…
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Drunkenly Crashing Company Vehicle Just Cause for Dismissing Long-Term Employee
Just Cause For Dismissing Long-Term Employee A senior employee with a previously spotless employment record was dismissed for cause after…
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The City of Windsor: Terminating an Employee with a History of Unacceptable Conduct
The City of Windsor was Justified In another example of adjudicators becoming decreasingly tolerant of threats of violence in the…
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Employer Justified in Firing Disabled Employee over Poor Performance
Firing Disabled Employee After a Car Accident The Alberta Human Rights Commission recently upheld an employer’s decision to terminate a disabled…
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Termination Tips to Keep in Mind
Terminating an employee is far from easy; in fact, it’s often one of the hardest decisions for an employer to…
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How do you calculate severance?
Daniel Lublin’s video for the Globe and Mail a few factors to consider. First, is there an employment agreement that…
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Will you be getting severance or not?
When are employees entitled to severance and when are they not? This is one of the most common questions employees…
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