Wrongful Termination Law Articles

In Ontario, the probation period is utilized in testing and shaping the relationship between employers and employees during the initial stages of the employment relationship. This period provides employers with a window of opportunity to assess the suitability of a new employee for a particular role while allowing employees to demonstrate their potential and compatibility within the organization. This article will look into the employment probation period in Ontario, what both employees and employers need to be aware of, and the role of an employment lawyer in navigating this crucial phase.

Ageism or age discrimination, encompasses mistreatment or the denial of benefits based on one’s age, and is a serious issue that violates both ethical standards and legal regulations. As the Canadian workforce witnesses a significant demographic shift, with over 20% of employees falling within the 55-64 age bracket and the average age of the working population increasing, the topic of forced retirement has gained prominence. While some employees choose to continue working well into their senior years for various reasons, employers often enforce policies that mandate retirement based on age, particularly at 65 years old. This raises a crucial question about the legality and fairness of such age-based retirement policies. This article examines ageism and forced retirement, shedding light on the pertinent issues and considerations involved.

As the dust settles on the COVID-19 pandemic, many businesses are reimagining the way they operate. Instead of solely working from home, they’re now exploring a mix of in-office and remote work – a real balancing act. Some are even mandating the bold move of returning to the office full-time. Some employees who have been working from home may be feeling some uncertainty about returning to the workplace after a prolonged remote working environment. In this article, we will explore what a constructive dismissal claim is and what employees and employers need to know about returning to the office after working from home.

Responding to a constructive dismissal claim as an employer can be difficult. If you are an employer who received a constructive dismissal demand letter or claim, you might be surprised by the allegations. You may be inclined to immediately settle the matter to avoid a lawsuit, or perhaps not believe the allegations. It is crucial to seek legal advice before responding to a constructive dismissal claim. This article will provide insights on what a constructive dismissal claim is, best practices, and helpful tips.

As an federal employee, the prospect of facing disciplinary measures or being dismissed from your position can be extremely distressing especially because you have likely spent much time focusing on your civil career. Nevertheless it is crucial to be aware that you likely possess rights before the Merit Systems Protection Board (MSPB). This Agency was established to handle cases concerning most federal employees who have faced discipline or termination due to job related factors. Here, we will delve deeper into what the MSPB entails, its functions, and how it serves to safeguard your rights.

Restructuring can be challenging for employers and employees. When employees are terminated as part of a restructuring process, they may have a claim for wrongful dismissal. During the restructuring process, it is essential to understand the rights and obligations of employees and employers. This article aims to provide a comprehensive overview of wrongful dismissal in the context of restructuring, outline key considerations, legal obligations, and potential remedies for employees and employers affected by such terminations.

There are different arrangements as it relates to employment. It is important to understand the different types of employment statuses that exist, and the differences in obligations for employers and recruiters e.g. wages, and entitlements for each arrangement. This article will explain the different work arrangements and the entitlements under each.

Dealing with a wrongful dismissal claim can be a challenging and emotional experience. Mediation offers an alternative dispute resolution process that can help resolve such issues outside of the courtroom. This article will explain what a wrongful dismissal is, what you can expect during mediation, and its advantages.

Employees may leave their positions for many reasons - voluntarily, fired, or due to a layoff. And the reason for leaving can have an impact on what benefits you may be entitled to receive. Laws vary from state to state regarding what benefits must be provided after employment ends.

An employer either has no right or every right to demote a person depending on the individual circumstances and based on certain stipulations such as performance, no reason at all or specific terms in an employment contract. If the employer engages in discrimination, harassment or Civil Rights Act violations, these demotions are illegal.

Does a refusal to comply with an employer’s request justify summary dismissal?

The U.S. Equal Employment Opportunity Commission (EEOC) enforces many Federal laws prohibiting employment discrimination (several are enforced by other agencies, like the Department of Justice). But who are the protected classes? Which businesses are subject to employment discrimination standards? What constitutes discrimination?

Company registration in Rwanda is done at Rwanda development Board and it takes less than 48 hours to get your company registered with Tax identification Number(TIN) issued by Rwanda Revenue Authority (RRA).

Termination can leave individuals feeling uneasy and financially vulnerable. When it comes to determining termination entitlements, courts carefully assess various factors known as the Bardal factors. These factors significantly influence the determination of the common law reasonable notice period pay owed to terminated employees. In this article, we will explain the Bardal factors, their application, and how a lawyer can assist in navigating termination entitlements and the considerations courts take into account.

This article covers: • The New York Adult Survivors Act, and that Act’s revival of sexual harassment claims, by employees against employers, for long-ago, unwelcome sexual conduct at work; • Examples of sexual harassment in the workplace that violates the Adult Survivors Act, and implications for employers; and • Best practices for employers to prepare for potential lawsuits under the NYASA, and steps to mitigate the risk of such lawsuits.

A demotion at work typically means an employee is assigned to lesser responsibility, job status, and even fewer wages. A wrongful demotion generally occurs as a means to retaliate against an employee for something he or she did, or the employer can engage in unfair or unethical practices that can lead to the demotion. There are various legal options available to handle the demotion appropriately, and the victim should consult with the lawyer before pursuing any type of action.

Under the WARN Act, qualifying employers must give at least 60-days' written notice before enacting mass layoffs.

Hiring and termination of employment are part and parcel of the human resources affairs of a business. However, caution must be exercised in the process of termination of an employee lest a complaint be filed against the employer for unfair dismissal. This article seeks to provide a brief overview of ‘unfair dismissal’ in Malaysia.

This article provides suggestions for employees facing layoffs in China from a legal perspective.

Employment law in Australia governs the relationships between employers and employees and covers a wide range of issues, including contracts, wages and conditions, leave, discrimination, and termination of employment. In this article, we will discuss the key aspects of employment law in Australia and the importance of engaging a lawyer to assist you in these matters.

Underpayments are a common issue in the Australian workplace, with employees often being paid less than the minimum wage or not receiving their correct entitlements such as overtime, annual leave, and sick leave. This can result in significant financial losses for workers, who are entitled to receive their fair pay for the work they do.

The Covid-19 pandemic unquestionably altered the way we view our workplaces.  The pandemic accelerated the trend of working remotely. A 2022 survey on the labour force conducted by Statistics Canada revealed that over a quarter of respondents had worked from home throughout the pandemic. Many employees in Canada prefer to work from home or at least hybrid work setting over traveling to the office daily. 

When an employee is subjected to discrimination within a company, the Right to Sue letter is an important document issued by the Equal Employment Opportunity Commission. The employee will need to contact the EEOC to file a complaint. The Commission's agent will investigate the matter to determine if discrimination did occur or if no sufficient evidence exists to pursue a claim against the company. If the agent does find evidence, they will explain this to the employee or candidate and then, the matter may progress from there.

Not all arrests end in a trial and conviction. Those arrested may never be indicted, or a trial may result in a not guilty verdict. But even an arrest with no conviction may still have significant employment consequences. The way in which an employer can deal with the employee who has been arrested depends on where the person is working, state laws, the nature of the crime that is alleged, and the case against the employee. In some cases, the employer has the right to fire an employee over pending charges. However, this is not always the case.

The common law has long recognised the right of an employee to terminate their contract of service. Therefore, for employees to be discharged from their obligations under the employment contract, it must be shown that the employer is guilty of a breach that affects the foundation of the labour or if the employer has displayed an intention to no longer be confined to such work relationship thus leading to a constructive dismissal. In view of the above, over the years, Malaysian case laws have firmly established the doctrine and elements of constructive dismissal. As a result, constructive dismissal was successfully enshrined within the bounds of Section 20 of the Industrial Relations Act 1967, which means dismissal rights under the law were extended to employees who are compelled to exit a workplace due to an employer’s detrimental actions. Discussed below is a perusal of such principles and case laws for a better understanding on the concept of constructive dismissal.

Albania's employment regulations are governed by the Albanian Labor Code, the Law on Social Insurance, and other sublegal acts. These regulations have been put in place to address the changing social and economic landscape.

While at a bar at the U.S. embassy compound in Baghdad, Iraq, Sana Kappouta was shoved by a drunk co-worker but wasn’t injured. After she reported the incident, her employer tried to transfer her to a different position. After initially refusing the transfer, she was fired.

Short-term or temporary workers under contract generally have an unextendible end date. A long-term contract, however, may provide an opportunity to extend work far longer than the original end date in the contract terms. Negotiating a new contract or extended work with the initial contract is similar to the first time with the employer.

This Article briefly discuses legal procedure under Bangladesh Labour Act for termination of employment by the employer due to misconduct of an employee. The legal requirements are very strict and non-compliance may lead to termination as unlawful.

Retaliation can be subtle—and you may not realize that your employer is unlawfully retaliating against you. Here are a few signs to look for.