Tag: severance pay


Furloughed vs. Fired

By the time you read this article, you have probably already been personally affected by the economic ramifications of the coronavirus. Many organizations have already begun rounds of terminations. Others have opted for mandatory furloughs for employees. Still others have opted for some combination of the above, along with other measures, to keep them afloat […]

Q&A: A Few Questions about Severance Agreements

Are your severance agreements up to snuff? Here we will look at the answers to two questions about severance agreements. First, once an employee signs and takes the money, that’s the end of that, right? Second, should you always give severance pay to an employee that is getting fired or laid off? David B. Monks, […]

No mention of severance pay or benefit continuation … No worries! Termination provision enforceable nonetheless!

by Rachel Younan Recent case law has overwhelmingly rejected termination clauses that purport to limit an employee’s entitlements upon termination to the minimum notice required by applicable employment standards legislation. In Ontario, provisions that have failed to reference severance pay and/or benefit continuation have been found to be invalid, resulting in common law notice that […]

How to write a strong termination letter

by Bradley T. Cave Writing a termination letter can be a daunting task, knowing that much can rise or fall on what the letter says. A few straightforward strategies can help you prepare a termination letter that manages the risks that accompany all termination decisions. What to leave in, what to leave out Obviously, a […]

How Not to Fire Your Canadian Employee

By Sean McGurran and Marisa Victor The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. It provides a good lesson on how employment law in Canada will come to the rescue of a wronged employee. Background The case involves […]

New Year’s Resolutions for Canadian Employers

By Brian P. Smeenk As we all contemplate our personal goals for next year (have you, too, promised yourself to work out more?), what resolutions should you make for your business in Canada? Your CFO might urge the normal resolutions of cutting back on consumption or reducing your size. But maybe there are some more […]

Post-Termination Disability Benefits Reduce Severance Pay

By Hadiya Roderique Severance obligations can be costly for Canadian employers since most employees are entitled to notice of termination or substantial pay in lieu of notice. A tricky issue is the impact of post-termination income on the obligations of the terminating employer. Canadian employees are often under the mistaken impression that they have an […]

Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

EEOC Reports Job Bias Claims at New Record

The U.S. Equal Employment Opportunity Commission (EEOC) announced that workplace discrimination charge filings increased 15 percent last year to an unprecedented level of 95,402. While the agency stated that it didn’t know if this was a trend, it was an indication of a persistent problem. All of the main categories of charge filings with the […]