Bullying and harassment is a hot topic in employment law circles these days.  Are workers being bullied and harassed?  How can bullying and harassment be stopped?  What can workers do if they witness or experience bullying and harassment?  What should the employer do if they receive a report of bullying or harassment?  In this article […] The post Bullying and Harassment at Work – 3 ways employees are protected appeared first on Yeager Employment Law ..read more

When an employer includes a termination clause in its policy manual that limits an employee’s rights upon dismissal,   When determining how much notice of dismissal (or pay in lieu of notice) an employee is entitled to,   Unless an employee and employer agree otherwise, it is generally assumed that the employer can only terminate […] The post Are termination clauses in policy manuals enforceable? appeared first on Yeager Employment Law ..read more

There is a significant amount of misunderstanding and misinformation regarding non-competition agreements. As a result, we commonly see employees who have signed restrictive agreements without understanding how their rights may be impacted. Oftentimes, this is the result of a mistaken belief that non-competition agreements are never enforceable or that their employer would never try to enforce it. This post aims to provide some clarity and clear up some of the misinformation that we come across most frequently. What is a non-competition agreement? To begin with, it is important to understand e ..read more

A recent Court of Appeal decision has determined that CERB benefits are not deducted from the compensation that an employee is owed for a wrongful dismissal. COVID-19 Lockdowns and Implementation of CERB In 2020, many Canadians lost their employment as a result of widespread COVID-19 lockdowns and restrictions. A significant percentage of those terminations were done unlawfully – in breach of the employee’s contractual rights – resulting in wrongful dismissal claims against their former employers. At the same time, the federal government implemented the Canada Emergency Response Benefit (“CERB ..read more

The Government of Canada has announced a new federal statutory holiday on September 30th: the National Day for Truth and Reconciliation. The holiday is meant to recognize Canada’s colonial legacy, remember the impact of residential schools and honour survivors. Currently, whether an employee is entitled to the holiday will depend on the type of employer […] The post National Day for Truth and Reconciliation appeared first on Yeager Employment Law ..read more

Most often when an employee quits it is voluntary and provides an end to the employment. However in some cases a resignation can be categorized as an involuntary resignation and wrongful dismissal. Impact of a Resignation When a resignation is voluntary it eliminates the typical bundle of rights a wrongfully dismissed employee would have. As […] The post Involuntary Resignation appeared first on Yeager Employment Law ..read more

In the digital age it is almost inevitable your employer will have electronically stored personal records regarding you. This can lead to increased access to your personal file by co-workers. Some may even have constant access to your file, for instance due to their management role or job duties. Despite this, you still have informational […] The post Informational Privacy in the Workplace appeared first on Yeager Employment Law ..read more

A “release of claims” is often sought by the employer after dismissing an employee from their employment. Sometimes an employer will provide it to the employee immediately upon termination along with an offer of some payment in lieu of notice. Whenever we negotiate a settlement for dismissed employees a release is almost always required by […] The post Releases and Settlement Agreements appeared first on Yeager Employment Law ..read more

Types of Contract Durations The type of employment contract will impact an employee’s entitlements upon termination and their mitigation obligations. The duration of the contract is one important factor, with there being two primary types of contract durations: Indefinite duration contracts: The employment continues until either the employee or employer choose to terminate it. Fixed […] The post Mitigation and Fixed Term Contracts appeared first on Yeager Employment Law ..read more

In the majority of cases a termination permanently ends the employment. Generally a successful wrongful dismissal claim leads to the employee receiving damages for lack of appropriate notice or the manner of termination, however it is unusual for an employee to be reinstated. There are however rare cases where reinstatement is a possibility. This arises […] The post Reinstatement to a Former Position appeared first on Yeager Employment Law ..read more