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How to choose an injury or disability lawyer.
If you have been injured or are suffering from a disability, you may be wondering whether you need to speak to a lawyer about your needs and entitlement. A good rule of thumb is to trust your instincts. If you think you need to speak to a lawyer, you probably do. The next question is how to choose the right lawyer. Choosing the right lawyer for a specific type of injury or disability claim is an important decision. The lawyer who assisted you with your house purchase is likely not the best lawyer to take on your injury or disability claim. An...
read moreWhen 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:...
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