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When resigning may actually be wrongful dismissal.
A constructive dismissal occurs when an employer substantially changes the terms of an employee’s contract of employment which the employee does not consent to, either explicitly or implicitly. In this situation, the employee may be able to treat the employment contract as being at an end, which entitles the employee to notice from the employer as if the employee had been terminated. Employer Actions that Constitute Constructive Dismissal For a constructive dismissal to occur, the employer must act in a way that changes the fundamental terms...
read moreReasonable notice for the senior short term employee.
If you are a senior employee who has been fired after only a brief period of employment, there is a good chance you will end up with more severance than you expected – unless of course you are subject to an air-tight termination clause in your contract. Whether, as some have suggested, you may be entitled to 6 months pay is an open question. In his leading text on wrongful dismissal law in Canada, David Harris considers a number of court decisions involving the dismissal of senior level, short term employees and concludes:...
read moreContingency Fees – FAQ’s.
What is a Contingency Fee Agreement? A Contingency Fee Agreement (CFA) is a contract between a law firm (or lawyer) and the client in a case where legal fees are payable as a percentage of the amount recovered as damages. Under a CFA, the legal fees are payable only if the case is successful. This means that, if the case is not successful, the client does not pay any legal fees. The CFA must be in writing and signed by both the client and the lawyer. What type of cases use a CFA? Mostly, a CFA is used in personal injury or wrongful death...
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