The Rudner Law Podcast

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.

Termination Terminology

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

Mitigation

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.

Audio: Damages in a Wrongful Dismissal Case

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.

Video: Damages in a Wrongful Dismissal Case

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.

Audio: Potential Damages in Wrongful Dismissal

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.

A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.