Stacey R. Ball Employment Lawyer

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Latest from Stacey R. Ball Employment Lawyer

In this blog, we will explore some common issues that a fix-term contract employee may have in their employment relationship. Fixed Term vs. Indefinite Term Whether a contract of employment is of a fixed or indefinite duration will often be a significant finding. For the indefinite term contracts, the employment relationship is one of continuous service, which is intended to last for an indefinite duration. Once terminated, these employees are entitled to statutory or common…
Employees are facing new challenges in their workplace due to the Covid-19 pandemic. In this blog, we would like to answer some common questions that employees often raise in connection to their employment. Q: Can my employer lay me off temporarily due to the Covid-19? You could be temporarily laid off by your employer only if the employment contract has specifically addressed this possibility and you have agreed to this term. Absent such a term,…
In this blog, we will illustrate the definitions of layoff and termination and the distinction between them. LAYOFF The Definition A layoff refers to a temporary cessation of work. If an employee is laid off, they will temporarily stop working for their employer with the employment agreement still intact. The employee is expected to be called back to work by the employer after a period of time. It often occurs when there is a shortage…
With the covid-19 pandemic rules set in place for over a year, quite a few people have been considering whether they could take a vacation to escape this long-term fatigue. However, if an employee chooses to do so, this may result in the loss of their jobs. In this blog, we will explore this topic so that you could make a wise choice. CAUSE FOR DISMISSAL As termination for cause is considered as the capital…
Recently, a number of Canadian politicians and high-profile officials at the corporations either had to step down from their office or were terminated by their employers, because they flouted the public health safety protocols by taking a vacation abroad during the Covid-19 pandemic. In this blog, we would like to address this issue and look into whether an employee could be terminated for cause for their public actions or off-duty activities. CAUSE FOR TERMINATION As…
The advent of the Covid-19 pandemic has reshaped the traditional working styles and reimagined the roles of offices in the work environment. In addition, the pandemic has also exerted huge impact on the Canadian economy, causing substantial job losses and making others in jeopardy. In this blog, we would like to answer some of the questions in regard to your employment rights during the Covid-19 to help you better understand your situation in the current…
It is important for federal regulated employers to be aware of the newly introduced administrative monetary penalties under Part IV of the Canada Labour Code (“Code”). The changes came into force on January 1, 2021 and have served as a financial deterrent to the issue of frequent non-compliance by some employers. In this blog, we will introduce to you what are these changes and their impacts on federally regulated employers.  Monetary Penalty System to Deter…
The severity of the Covid-19 pandemic has exerted a huge impact on the Canadian economy, forcing employers to scale down their business and reduce operational costs. Therefore, lots of employees are terminated, laid off or put on a temporary layoff by the employer. In this blog, we attempt to answer some common questions in regard to these issues. FAQ about Layoff, Temporary Layoff and Termination During Q: Can my employer lay me off temporarily due…
A Guidance on How to Recall Employees to Work from a Temporary Layoff With the community transmission of Covid-19 cases slowing down and vaccination program gradually rolling out, more and more businesses are starting to consider whether they should recall part or all of their employees back to work after a temporary layoff. In this blog, we would like to answer some common questions in connection to this issue. Q: What is a recall? Recall…
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor or solicit their clients once the employment relationship breaks down. In this blog, we illustrate a few key points on how to restrict a departing employee from taking clients from business.  Use Restrictive Covenants Clauses in the Employment Contract While the courts seek to protect the employers right to its clients, departing employees are…