In an asset purchase, the employee’s employment terminates, unless the purchaser offers the employee employment, and the employee accepts.
Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the dismissal was entirely unrelated.
You’re located in Ontario and want to sue someone in another province regarding a loss you suffered in Ontario. No problem, right? Like many aspects of the law, however, it’s not always that simple.
During this year’s NHL playoffs, an ESPN anchor made a comment about an Indigenous player’s name – not surprisingly, there was immediate backlash.
This decision serves as an important reminder for employers to ensure there is a strong and enforceable written employment agreement in place allowing temporary layoffs.
This update focuses on performance improvement plans and why employers shouldn’t use them in bad faith, just to build a file for dismissal or cut compensation – these are recipes for liability.
Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!
All employees who are dismissed have a duty at common law to mitigate their damages by finding comparable replacement employment as quickly as possible.