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mitigation of damages

Employers Can Be Responsible for Significant Mitigation Costs

There are certain circumstances in which the duty to mitigate does not arise. The first is where there is a termination clause in an employee’s employment agreement which does not expressly require an employee to mitigate their damages during the applicable period of notice. The second is with respect to an employee’s minimum statutory entitlements under employment standards legislation, including an employee’s entitlement to notice/Termination Pay and Severance Pay, which an employee is entitled to receive regardless of their mitigation efforts.
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Buying or Selling Your Business

Thanks But No Thanks: Can Employees of the Vendor Company Reject an Offer of Employment from a Purchaser?

There is a reason that corporate lawyers often ask for input from their employment law colleagues when a business is in the process of being sold. The issue of what happens to employees upon the sale of a company can be highly complex and depends on the nature of the sale.
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come back after metoo

Don’t Call It A Comeback: What happens when the #metoo accused resurface

This time last year, comedian Louis CK's career was on top of the world. He had several television production deals in the works, his live appearances could sell out practically any venue, and he was beginning to take on dramatic film work as well. Then, as the #metoo movement began to gain steam, CK admitted to the truth of numerous accuser's stories - that he had committed numerous acts of sexual misconduct and indecent exposure. CK's career success came to an instant halt.
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Personal Emergency Leave in Ontario

Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
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frustration of contract

When Can an Employer Consider an Employment Contract “Frustrated”?

An employee being away from the workplace for a significant length of time is often a frustrating experience for both employers and employees - but when will this situation actually result in the frustration of the employment contract itself?
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Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
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Limitation Periods

At Rudner Law we are often asked how long someone has to bring a wrongful dismissal claim. In Ontario, the answer is 2 years, but the more important question is, when does that time period start to run. The answer to that question can mean the difference between being able to advance your claim and being told you can't, even if it was perfectly legitimate, and might be worth a whole lot of money. It's critical that you get this right, and two recent cases provide examples where plaintiffs waited unknowingly and missed a limitation period, and therefore were not able to pursue their claim.
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recording conversations

To Record or Not to Record

You have probably heard of the Omarosa / Trump story by now. Put simply, reality TV star and former White House special assistant Omarosa Manigault Newman surreptitiously recorded conversations between President Trump and Chief of Staff John Kelly. While we do not know how the recordings were captured, this does raise questions about whether employees can - and more importantly, whether they should - record conversations in their workplace.
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termination clauses

Termination Clauses

Over the past few years, we have seen countless cases in which dismissed employees have argued that, for one reason or another, they should not be held to the terms of the termination clause in their employment agreement. While the cases have taken a variety of approaches and made it difficult to identify a guiding principle that would withstand the next decision, the recent trend seems to be a willingness to enforce the intent of the parties.
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background check for employment

Police Record Checks – New Law on Background Checks

On November 1, 2018, the process for conducting police record checks will change dramatically. On…

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business sold

Sale of Business and the Effect on Employees

If a business is sold and the new owner keeps the employees, have they entered into a new contract of employment? This is a question that we are asked all the time and the answer, as it often is, is that “it depends”. The primary factor in the analysis will be the nature of the sale; was it a share purchase or an asset purchase.
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You Received Your Job Offer – Now What?

You have submitted your job application. Gone through the interview process. Waited eagerly to hear back from your potential employer. And now, you have finally received your job offer! Surely, you must be ecstatic, especially if it’s a job you really want. It will be very easy to simply accept the offer and move on with your life.So, now what?
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