Fire Away

Criminal defence lawyer, Mitchell Worsoff, and Assistant Crown Attorney, Henry Poon, join Stuart for an exploration of where employment law and criminal law intersect.

Guests:

Mitchell Worsoff
Worsoff Law Firm https://www.worsofflaw.ca/
Mitchell Worsoff has been practising as a criminal defence lawyer defending individuals charged with criminal, regulatory, administrative, and professional disciplinary matters across the Province of Ontario.

Henry Poon, Assistant Crown Attorney, Ministry of the Attorney General

Stuart is joined by Andrew Elias, a Toronto partner at Lerners Personal Injury LLC, for a discussion on the overlapping issues between disability benefits and employment law.

Stuart is joined by Mark Robins, a Canadian business owner and employer, to answer some frequently asked questions that are top of mind right now in Canadian employment law. 

Quiet quitting. Rage applying. You've heard them all - but what do these buzzwords mean, if anything, in a legal context? In this episode, Brittany Taylor and Geoffrey Lowe are explaining these trendy concepts from an employment law perspective. 

 

If you think you might need an employment lawyer, you probably do. Visit www.rudnerlaw.ca to learn more.

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.

www.rudnerlaw.ca

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.

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.

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.

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

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.