David Gelles - Articles & Videos

In the niche world of employment law, by insisting on shorter documents, employers risk leaving a lot of rights on the table.

Constructive dismissal is triggered when an employer makes substantial changes to fundamental terms of the employment relationship without having the right to make those changes, or without the employee’s consent.

Our 2024 Year in Review continues. We are in an HR Law Era where our courts remain concerned with the power imbalance in the employment relationship and will find ways to help employees.

Our HR Law Eras Tour “set list” takes us through 2024’s notable decisions and developments, with the goal of providing employers and employees with a map of the current landscape that allows them to navigate the challenges ahead.

Employees who are induced, then subsequently dismissed, are entitled to an extended notice period, similar to how seasonal employment would extend a notice period.

While seasons matter in employment law, good contracts are evergreen. This is true even for seemingly temporary seasonal employees.

Employers of all stripes make similar mistakes by assuming that because the ESA requires no notice for employees with less than three months of service, they are “probationary” employees and thus have no obligations towards them.

Constructive dismissals are like onions – they have many layers. Whether you are an employee or an employer, you should consult HR counsel.

In the context of the sale of a business, an employee’s duty to mitigate might require them to accept the same job with the purchaser, even though the vendor-employer technically triggered a termination.