Episodes
Monday May 15, 2023
You’re Fired! The Webinar.
Monday May 15, 2023
Monday May 15, 2023
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
Tuesday May 02, 2023
Employers should not use performance improvement plans in bad faith.
Tuesday May 02, 2023
Tuesday May 02, 2023
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.
Wednesday Jan 18, 2023
Fire Away: Downsize without the downside.
Wednesday Jan 18, 2023
Wednesday Jan 18, 2023
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.
Tuesday Jan 03, 2023
Using technology to conduct virtual dismissals.
Tuesday Jan 03, 2023
Tuesday Jan 03, 2023
Nadia talks about using technology to conduct virtual dismissals - like using Zoom to fire a worker who is remote, hybrid, or even on leave.
Tuesday Nov 15, 2022
Tuesday Nov 15, 2022
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.
Wednesday Oct 05, 2022
Wednesday Oct 05, 2022
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.
Wednesday Jan 12, 2022
Signed, Sealed... Negotiated?
Wednesday Jan 12, 2022
Wednesday Jan 12, 2022
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.
Friday Mar 12, 2021
Termination Terminology
Friday Mar 12, 2021
Friday Mar 12, 2021
In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.
Thursday Jan 24, 2019
Mitigation
Thursday Jan 24, 2019
Thursday Jan 24, 2019
If an employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment. Learn more about mitigation in this video.
Wednesday Oct 24, 2018
Audio: Damages in a Wrongful Dismissal Case
Wednesday Oct 24, 2018
Wednesday Oct 24, 2018
Stuart discusses the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.