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Can You Sue an Employer After Signing a Severance Agreement?

If you have recently been let go from your place of employment, there is a chance that you would have been asked to sign a severance agreement. In many cases, a severance agreement will provide you with compensation for being terminated but you should keep in mind that there could be drawbacks to signing such as waiving your right to sue your employer. At Soni Law Firm, we are committed to helping you understand and protect your rights as an […]

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When are Employees Considered Fiduciaries?

What is a fiduciary? A fiduciary is a person who is required to act for the benefit of another person, the beneficiary, on all matters within the scope of their relationship. Fiduciary employees owe duties that go beyond the duty of fidelity owed by regular employees. Fiduciary employees owe their employers heightened duties, including a duty of loyalty, a duty of good faith, and a duty of honesty. They are expected to prioritize their employer’s best interests above their own. […]

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Piercing the Corporate Veil: How can I hold my employer accountable if they are a corporation?

If your employer has wronged or harmed you, you may wonder whether you can hold them accountable in a personal capacity to prevent them from hiding behind their corporation to avoid accountability. Generally, this is difficult to achieve due to the protection that incorporation provides those who are responsible for corporate decision-making, including shareholders, officials, and executives. Since corporations are viewed as separate legal “persons”, incorporation greatly limits the extent to which any individual directing the corporation can be held […]

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Is a Verbal Resignation Binding?

If you have recently found yourself proclaiming “I quit” in the heat of the moment, only to cool off and consider that this might not be the right choice for you, you may be wondering, is a verbal resignation binding? If you are having second thoughts about resignation and you resigned verbally, it may or may not be valid. In many cases, employers require that resignation take place in written form rather than verbal. Though if it is not stated […]

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How Can I Ensure That Independent Contractors are Not Employees

When you own a business, navigating the differences between employees and independent contractors can sometimes feel confusing. Many business owners like the idea of working with independent contractors rather than hiring employees as it allows them to use contractors as needed rather than having regular employees. It often also means that employers will not be required to offer independent contractors the same number of benefits as they would an employee. In a recent interview with The Globe and Mail, Rahul […]

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IDEL – Constructive Dismissal or Not? Ontario Courts Remain Undecided

As the COVID-19 pandemic continues, Ontario courts have grappled with the challenging question of whether infectious disease emergency leave (IDEL) constitutes constructive dismissal. The Ontario government amended the ESA on May 29, 2020 by introducing O. Reg 228/20, often referred to as the IDEL regulation. In addition to providing protection to employees who require leave for pandemic-related reasons, this regulation also provides employers impacted by the pandemic with temporary relief from the regular ESA rules regarding temporary layoffs and constructive […]

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Can a Pre-Existing Job or Side Business Affect an Award for Damages for Wrongful Dismissal?

The ongoing pandemic has substantially changed the job market over the past year in several ways, including employees being laid off or terminated at a higher rate, and employees increasingly seeking additional employment or self-employment to provide financial security during these uncertain times. In light of these changes, the question of how multiple jobs or self-employment can affect an employee’s award for damages in a wrongful dismissal case is becoming an increasingly important consideration. Once an employee establishes that they […]

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How Does Severance Pay Affect Unemployment Benefits in Canada

If you have recently been terminated from your place of employment you may be entitled to severance pay. In Ontario, any employee who has been continuously employed by the same employer for at least three months is entitled to at least one week of pay for every year of employment. Employees who have been with the same employer for 5 years or more may be entitled to additional compensation. Though severance pay can be helpful, it doesn’t always cover your […]

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How Does Severance Pay Affect My Taxes

If you have recently been terminated from your place of employment and have received a severance package or severance pay, you might have some questions about what comes next. Whether you are wondering, can I get unemployment after severance pay, or simply desire more information about how severance pay will affect you come tax time, there is a lot to consider. At Soni Law Firm, we are committed to helping you understand and protect your rights as an employee. We […]

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What Can I Do If My Employer Rehires for My Position After a Layoff

Have you ever been laid off from your place of employment? If so, you’ll likely understand the feeling of uncertainty in what comes next and wondered what you can do about it. Layoffs are relatively common, and it is important to understand your rights and entitlements as an employee in the event of a layoff. There is a lot to know when it comes to being laid off, and at Soni Law Firm we are here to help. We have […]

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