Fire Away

Disability Benefits & Employment Law: What You Need to Know • Fire Away S7E07

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.

Resolving Wrongful Dismissal Claims Outside the Courts • Fire Away S7E06

Murray Miskin, a personal injury and insurance litigation lawyer joins the podcast. Murray has a history with employment law and is also an experienced arbitrator and mediator. In this episode, Stuart and Murray talk about wrongful dismissal claims and what it looks like to resolve them outside of the courts.

Frequently Asked Questions with A Canadian Business Owner/Employer • Fire Away S7E03

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. 

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.

www.rudnerlaw.ca

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: 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.

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.

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.