September 17, 2020

We still regularly encounter the presumption that employment law is easy, or that it is all common sense. As a result, many lawyers assume that they are capable of providing proper advice to their clients when it comes to employment law issues. Unfortunately, one common result is that employers mistakenly believe that they have contracts in place that will protect them, only to find out, when it is too late, that the contract is deficient in material ways.

Recent racial turmoil is a grim reminder to employers to address their workplace discrimination policies and to be proactive in their processes, says Ontario employment lawyer Nadia Zaman.

September 10, 2020

At this point in the crisis, simply being exposed to the risk of COVID-19 isn’t grounds for a worker to sue their employer, said Stuart Rudner, founder of Canadian employment law firm Rudner Law.

High-pressure, long hours, intensely competitive – preconceptions about private practice abound. Given that this setting runs the gamut in terms of business size, roles and specialties, it’s no wonder that it offers no universal experience or that it presents at least as many unexpected opportunities as it does predictable challenges. We asked OBA members what has surprised them most about private practice. Their answers might surprise you, in turn.

The importance of an employee’s duty to mitigate their damages by taking reasonable steps to find new employment cannot be overstated. Where an employee is found to have failed to mitigate their damages, their entitlement to damages may be significantly reduced.

So what happens if an employee is too sick to look for new work? Does that count as a failure to mitigate?

September 8, 2020

Our "Back to School 2020: COVID-19 Edition" is featured in this month's HR Carnival.

September 1, 2020

Looking out for workplace health and safety had never been more important, as HR leaders are constantly looking to safeguard employee wellbeing in this time of crisis.

Speaking to HRD Canada, Stuart Rudner, founder of employment law firm Rudner Law, explained the potential ramifications of employees catching the virus at work.

August 31, 2020

The new Canada Emergency Wage Subsidy (CEWS) is “more accessible to more businesses,” says Toronto-area employment lawyer Brittany Taylor, who encourages employers to take advantage of the program.

Taylor, a partner at Rudner Law, says the update means “more employers qualifying to help more employees,” while noting the new structure may be confusing to some.

August 26, 2020

Canadian parents going back to the office are facing the possibility of entering a two-week quarantine if their child is exposed to COVID-19 in the classroom.

Stuart Rudner, an employment lawyer from Toronto, says, “[Parents] shouldn’t have to worry about losing their job,” if their kids get sick.

August 19, 2020

The world has changed dramatically over the past few months, but one thing that has not changed is that employees don’t have the option to “decline” to come to work on a regular workday. What has changed, though, is that a substantial number of employees seem to think they have this discretion, and a surprising number of employers don’t think they can do anything about it.