The Rudner Law Podcast

You’re Fired! The Webinar.

Originally presented on May 10th 2023

An overview of dismissals - with cause, without cause, and constructive - so you can understand your rights and adopt a strategic approach.

Topics include:

- Why are most termination clauses in employment contracts not worth the paper they are printed on?

- When can you "fire" someone for just cause?

- Is severance really a month of salary per year of service?

- Are you entitled to bonuses even after dismissal?

Dismissals remain the most misunderstood area of HR Law, and yet it is also the most dangerous. Getting it wrong can expose an organization to substantial liability and can cause someone to lose out on tens of thousands of dollars. Despite that, most people and organizations don't get proper advice, choosing to act before they understand their rights and obligations and costing themselves a lot by doing so.

We will explain how to assess severance obligations and post-termination entitlements, how to minimize termination costs, when just cause for dismissal exists, and how you can dismiss someone without meaning to by changing the terms of their employment. You will find out why we say that although the threshold is high, "just cause is not a lost cause".

Lastly, attendees will learn why we say that the majority of termination clauses in Ontario are unenforceable, and how to ensure that you can rely on yours.

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Employers should not use performance improvement plans in bad faith.

This update, which was supposed to be Stuart's latest rant, focuses on performance improvement plans and why employers shouldn't use them in bad faith, just to build a file for dismissal or cut compensation - these are recipes for liability.

Fire Away: Managing performance and motivation, and setting ourselves up for success.

Stuart Rudner is joined by Cameron Atlas, a talented musician, fantastic speaker and highly sought-after coach, for an insightful discussion on performance and motivation.

Time Theft - Nadia on 580 CFRA Ottawa Now with Kristy Cameron

It might be the start of a new year, but several employers are still relying on the modern-day clock for evaluating productivity. Nadia joined Ottawa Now with Kristy Cameron to talk about time theft.

Originally aired January 30th 2023.
All rights belong to CFRA Ottawa, iHeart Radio and Bell Media.

Fire Away: Downsize without the downside.

How can employers navigate downsizing and layoffs with low or no risk? Stuart is joined by Frank Newman and Brian Epstein of Newman HR. They're going to be talking you through downsizing and layoffs and discussing how to navigate these situations safely as an employer to limit your risk.

Using technology to conduct virtual dismissals.

Nadia talks about using technology to conduct virtual dismissals - like using Zoom to fire a worker who is remote, hybrid, or even on leave.

Trying to bankrupt a company rather than pay a plaintiff the severance they seek.

Stuart has heard people say they'd rather bankrupt a company than pay a plaintiff the severance they're seeking - but he usually takes this with a big grain of salt. However, in one Alberta case, this is exactly what the company tried to do.

Should you lie to your boss about how ”remote” you really are?

If you’re a remote worker, is it okay to lie to your employer about being at home when you’re really working from an exotic location? It might sound pretty harmless, especially if you get your work done. But Stuart has some concerns that you should be aware of before you make a big move.

Did Bell Media handle the termination of Lisa LaFlamme correctly? Eric Yaverbaum joins Fire Away Season 5 Episode 9.

Did Bell Media handle the termination of Lisa LaFlamme correctly? In this episode of Fire Away, Stuart is joined by Eric Yaverbaum, CEO of Ericho Communications, for a discussion on handling terminations, especially when they're high profile, and how not to fire an employee.

What happens when an employer is found to have acted in bad faith? Stuart looks at a recent example.

We all know there is a duty on the part of an employer to act in good faith in the course of a dismissal. In this video update, Stuart talks about what happens when an employer is found to have acted in bad faith.