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What Is Employment Insurance? In Canada, employment insurance (“EI”) is a program designed to financial assist individuals who have become unemployed through no fault of their own. There are several different criteria to meet to be eligible for the various programs that are available through employment insurance. The various program will be outlined below. Regular employment insurance benefits predate COVID-19 and are usually the most common form of EI used. Those who would be eligible…
When a non-unionized employee is unable to work in Ontario, either due to a need to take leave or due to a without cause dismissal, Employment Insurance acts as an income replacement for a certain period of time. The idea is that Employment Insurance will tie the employee over until they are able to return to work or until they find new employment, although it can run out before either of those take place.…
The COVID-19 pandemic has posed many challenges for employees and employers alike. With many workplaces going “remote”, some employees are weighing their options when it comes to choosing where they actually work. But can remote employees relocate without their employers’ consent? This article provides some considerations. Does the Employer Have a Work from Home Policy? When an employee is dismissed, the employment agreement and workplace policies play a crucial role in determining the termination’s validity…
Operating a small business has many challenges, from operating with small budgets to attracting new business. We often hear feedback from potential clients that they are “just a small business”, and therefore they do not require our services. But is this really the case? Small businesses and start-ups are in a position to set up the framework through which they will be operating, including the recruitment process, training, employee management, and terminations. When it comes…
When an employee is dismissed from his or her employment, there are many factors that impact what s/he is owed. This includes whether the employee was dismissed for cause or without cause, and the terms of employment. Some of the most common considerations when it comes to calculating severance pay for a non-unionized provincial employee are expanded upon below. Is There an Employment Agreement With a Termination Clause? One of the first questions any lawyer…
Although there is a lot of information available on wrongful dismissals, many sources are not current or fail to flag important factors that impact an employee’s entitlements. For instance, a case for wrongful dismissal is impacted by factors such as whether the employee is federal or provincial, unionized, has an employment agreement, was terminated for unlawful reasons, among others. This articles goes over common questions regarding wrongful dismissals in Ontario for non-unionized employees.  What is…
Given the ongoing COVID-19 pandemic, there have been several changes made to the Employment Standards Act, 2000, in an attempt to remain relevant considering the current environment. Employees should be aware that there may have been changes as to the manner by which to take leave from employment at their workplace. This article in particular, we will be discussing COVID-19’s impact on taking stress leave in Ontario. What is Stress Leave in Ontario? Under Ontario’s…
Many employees are surprised to learn that the Employment Standards Act (“ESA”) does not contain provisions that prevent an employer from adjusting an employee’s work schedule. However, employees do have certain rights in this situation. What Are the Minimum Requirements for Employee Work Schedules? The ESA sets out daily and weekly limits to hours of work. The maximum hours that most employees can be required to work is 8 hours in a regular workday, and…
There is a common misconception that an employer must provide their employees with a lunch break and coffee/smoke breaks during their workday. However, this generalization is inaccurate for most workplaces. What Breaks Am I Entitled to in Ontario? Part VII of Ontario’s Employment Standards Act (“ESA”) outlines the rules for hours of work and eating periods. Generally, employees are entitled to an unpaid eating period of 30 minutes. An employee is not to work more…
What is an Employment Contract in Ontario?  An employment contract is an agreement between a worker and his/her employer that outlines the terms of employment. An employment contract may be verbal or written, and there is significant flexibility in its terms.  However, there are certain minimum requirements that the terms of an employment contract must meet. For instance, an employment contract cannot contract out of legislated standards such as those in Ontario’s Employment Standards Act