Blog - Page 5 of 10 - Soni Law Firm

What Happens When You Get Laid Off

If you have recently been laid off, you may have questions about what happens next. Layoffs are common, yet not every employee fully understands their rights and entitlements once they have been laid off. Depending on your employment situation, you may be entitled to compensation when you are laid off or you may instead become eligible for government assistance benefits. It is important that you understand your rights as an employee to ensure you are adequately compensated after being laid […]

Can I Claim Unfair Dismissal During My Probation Period?

If you have recently been let go from your place of employment during your probation period, you may be wondering if there is anything you can do to dispute the dismissal. Though in many cases, it may be within your employer’s rights to dismiss you during this period, there may be circumstances that allow for you to challenge the dismissal or receive compensation for your dismissal. In this article, we will help you to understand what you need to know […]

Severance Pay Calculator: Understanding Severance Pay in Ontario

Severance Pay Calculator How Much is Severance Pay in Ontario? The amount of severance pay an employee is entitled to will vary from person to person as each employee is different. There are provincial laws that outline what an employee is entitled to at a minimum, but in many cases, employees are entitled to more compensation than is set out in these guidelines. How is severance pay calculated in Ontario? There are many factors that will affect the amount of […]

Do Non-Compete Agreements Hold Up?

When you first signed your contract of employment with your employer, you may not have felt that the non-compete clause you were asked to sign was of any importance. Fast-forward a few years and you are now leaving your place of employment. You have got big plans to start your own business, take on your own clients or even work for a competitor of your previous employer. Now that your circumstances have changed, you are a bit worried that the […]

How to Handle an Employee Sexual Harassment Complaint

Do you have an employee that has come to you with a sexual harassment complaint? As an employer, you have obligations to address this complaint and it must be taken seriously. If you have never experienced this before as an employer, you are likely uncertain about the steps you need to take to ensure you meet your obligations and support your employee. t is always best to be proactive in addressing workplace sexual harassment. As an employer, you should already […]

Do Independent Contractors Have to Abide by Non-Compete Clauses?

Are you an independent contractor who is being asked to sign a non-compete clause? If so, you may be wondering whether this non-compete clause would be enforceable. The agreement between an employer and an independent contractor is unique and unlike a typical employer-employee relationship, as an independent contractor operates as their own business. There are many reasons why non-compete clauses can be problematic and unenforceable in these scenarios. Generally speaking, your non-compete clause may very well be unenforceable. But it […]

How Do Equal Opportunity Laws Protect Job Applicants in Canada?

Within Canada, any business that is regulated by the federal government has a legal obligation to abide by the Employment Equity Act. This means that these regulated businesses are required to provide equal opportunities for employment to four designated groups of people. People who fall under the Employment Equity Act include women, Indigenous persons, persons with disabilities and members of visible minorities. Though the Employment Equity Act has been around since 1995, many people are unfamiliar with it and are […]

Trouble with Termination Clauses: Waksdale v Swegon Case Summary

For employees, the Employment Standards Act, 2000 (“ESA”) represents the ‘floor’ or the bare minimum for which employers must provide. Any provision in that contravenes the ESA in an employment contract is generally seen as void and unenforceable. To minimize the risks of the enforceability of their employment contracts being rejected by the Court, employers have historically inserted a severability clause or a portion of the contract which stipulates that the contract will continue to be enforced even if one […]

Is Insubordination Just Cause for Termination In Canada?

Has your employer recently dismissed you with cause claiming insubordination or insolence? If so, you may be wondering if this is a justifiable reason for you to have been dismissed. Within Canada, there are specific grounds that may justify your employer to dismiss you with cause. In some cases, insubordination can be considered just cause for termination. Every employee and employer relationship is unique and without a full understanding of your specific situation, it may be difficult to know if […]

Is My Non-Compete Clause Enforceable In Canada?

When you first signed your employment contract, you may have been asked to sign a non-compete clause. Non-compete clauses are common, particularly in instances where an employee would be able to provide services similar to their employer outside of their workplace environment. But are non-compete clauses enforceable? Though you may have felt it was reasonable at the time to sign a non-compete clause, it is likely that you may have concerns regarding the clause when your employment status changes. In […]

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