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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What you need to know about the ”change of substratum” doctrine and employment contracts.

In this update, Stuart talks about why an otherwise valid employment contract may not be valid if the employee's duties and responsibilities have changed - even if their title remains the same.

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.

Signed, Sealed... Negotiated?

Would you buy a car and then try to negotiate the price later? That is effectively what you're doing when you sign a severance package and then try to go back later on and get more money. And for whatever reason, we've seen an increase in the number of calls we're getting from people that have already signed their severance package and now want to meet with us and have us assess it.

Termination Terminology

In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.

Fire Away - How are Businesses Handling The "New Normal"?

Stuart is joined by Brian Shifman, President and CEO of Vaughan Chamber of Commerce to discuss how businesses and operating and managing their reopening during COVID-19, and what challenges they are dealing with.

Original air date: September 15th, 2020

Rudner Law Video Update: Settling Severance Claims

In this video update, Stuart warns people against accidentally settling their severance claims.

Rudner Law Video Update: Termination Clauses

Termination clauses have had an ongoing saga in our courts with people challenging them and trying to avoid the implications of what they signed, which can have tremendous implications.

Stuart's July Rant: Severance is NOT an Entitlement

In his new rant, Stuart might be bursting your bubble: severance is NOT an entitlement. You can't assume you will get a package - and if you do, it may not be what you expect.

Audio: Fire Away - Finances: Pensions, Taxes, and Severance

In this episode of the Rudner Law Q&A series Fire Away, Stuart and Richard Sales, a Senior Executive Consultant with IG Wealth Management and the principle director of R. Sales & Associates. Stuart and Richard discussed a number of financial topics, including pensions, tax-effective ways to handle severance payments, and what to consider about your financial plan if you lose your job.

Original air-date: July 16 2019.