The Law of Employment

Employment Benefits and Reasonable Notice

2006-08-10T06:30:00.000-07:00

The principle behind reasonable notice is to award a former employee in monetary terms the amount of time the employer should have given the employee to look for a new job. This principle may also includes the benefits that the employee would have received during this time period if the employment had not been terminated.Many employer’s now offer a group disability

Inducement

2006-08-09T12:09:00.000-07:00

What happens when you have been lured away from a stable job by promises of long term and stable employment with the new employer and find yourself wrongfully dismissed? This factor may be taken into account when determining how much reasonable notice you are owed by the employer. Inducement may also be taken into account when you have wound up your own business to take a position with the

Constructive Dismissal

2006-08-09T11:56:00.000-07:00

One day you walk into work and find that your job responsibilities have been changed or you are notified by management that your position is going to be changed. Furthermore the new job responsibilities are less than your previous position. Maybe now you no longer supervise other employees or what was once a job with significant client contact is now of a more administrative nature. If you feel

Wrongful Dismissal

2006-08-09T11:24:00.000-07:00

When an employee acts in a manner, for instance insubordination or theft of company property, that repudiates the contract of employment the employer has the right to terminate the employment. In such a situation, because the employee is seen to have rejected the terms of the employment contract, no reasonable notice is owed the employee. Wrongful dismissal is the legal term when employment

Reasonable Notice

2006-08-09T11:02:00.000-07:00

A determination of the amount of reasonable notice owed by the employer to the employee is governed by several considerations, some are found in your contract of employment and some are common law rights which every employee enjoys. An employer can always dismiss an employee for cause and not owe reasonable notice but even if the employer insists there was just cause for dismissal there are a

Severance Agreements

2006-08-09T10:08:00.000-07:00

The first thing to keep in mind is that if the employer offers you a severance agreement and applies pressure on you to sign the agreement there is a strong possibility that the agreement is void due to the manner in which the agreement was achieved. In the law of contracts parties to a contract must bind themselves without undue pressure being exerted on either of the parties. In an employment

Mitigating Your Losses

2006-08-09T09:14:00.000-07:00

At law, once an employee is dismissed, even if this is done in a wrongful manner, the employee is still expected to mitigate his or her financial losses from the severance of employment. An employment relationship is a contractual one. Even if the employee has been wrongfully dismissed he or she is under a duty to reduce the financial loss as much as possible. In terms of Employment Law this

Independent Contractors

2006-08-09T09:03:00.000-07:00

Reasonable notice is a common law right owed to employees. There is no right to reasonable notice if you are an independent contractor. For this reason it is important to determine precisely what your employment relationship with the employer amounts to at law. If you are an independent contractor then the principles of commercial contract law apply. Common professions that are usually seen by

Employer Policies and Procedures

2006-08-04T09:03:00.000-07:00

In addition to the contract of employment the employer may have polices and procedures in place to give substance to some of the clauses within the employment contract. It is up to the employer to make sure that you are aware of the substance of these policies and will often seek that after reviewing the policies that you sign a document as evidence that the polices have been brought to your

The Contract of Employment

2006-08-04T07:08:00.000-07:00

The following is a review of the types of basic provisions that are usually found in contracts of employment and things to consider when reviewing the specific clauses, in the future certain types of clauses will be considered more in depth. Depending on the complexity of the contract it is a good idea to have a lawyer review the agreement and clarify the legal implications of any clause you