Tag: termination of employment

401K

Tax Reform Extends Participant Plan Loan Offset Payment Period

Defined contribution (DC) plan sponsors should be aware of a change under the new Tax Cuts and Jobs Act that extends the period during which a participant may pay the amount of an “offset” of an outstanding 401(k) plan loan to another qualifying plan or individual retirement account (IRA) to accomplish a tax-free rollover of […]

Print

Seasonal employee not bound by noncompetition clause

by Matthew Larsen A British Columbia court recently explored a novel issue – whether a noncompetition clause is enforceable against a seasonal employee. Facts In See Thru Window Cleaners Inc. v. Mahood, 2016 BCSC 2134, the employer was in the seasonal business of window cleaning, gutter cleaning, and pressure cleaning. It employed most workers in […]

Print

Employment contracts, termination clauses, and itchy trigger fingers

by Bruce R. Grist As there is no employment at will in Canada, most employment lawyers in Canada who act for employers recommend that employers use employment contracts to govern the employee’s relationship with the employer. If there is an employment contract and the employer wishes to terminate the employee’s employment or the employee wishes […]

Print

When time is the very essence of your job, best not be late …

By Michel Bellemare Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another. This is especially true when the breach touches on the very heart of the duties assigned to an employee. This, at least, is what an employee learned in a recent […]

Print

Lack of trust: How much evidence is enough?

by Louise Béchamp As a Québec employer recently learned, an alleged breach in the relationship of trust between employer and employee must be supported by objective evidence and facts if it is to form cause for termination of employment. In Senécal vs. CEGEP du Vieux Montréal, 2012 QCCS 1995, the employer was ordered to pay […]

Print

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

by Rita M. McKinney Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know. Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training […]

Print

Does Temporary Layoff Result in Right to Severance Pay?

By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]

Print

Ontario Court Allows Salespersons to Ignore Noncompetes

by Brian Smeenk In an important recent decision, Ontario’s Court of Appeal has reconfirmed that noncompetition clauses will be enforced against departing employees only in exceptional circumstances. It allowed two insurance salespersons to take many of their clients to a competing insurance broker despite their contractual agreement to the contrary. What happened? Tim Allan and […]

Print