Got an Employment Law Issue? We Answer Some of the Most Common Employment Law Questions

GOT AN EMPLOYMENT LAW ISSUE? WE ANSWER SOME OF THE MOST COMMON EMPLOYMENT LAW QUESTIONS




This blog is brought to you courtesy of www.lawyerselect.ca

Like all areas of law, employment law has many aspects and is quite complicated. As such, there are many misconceptions out there about what your rights and responsibilities are as an employee. Each act taken in reference to your employment or resignation has lawful implications and boundaries. Understanding these implications and boundaries will go a long way in ensuring that you make the right choices. Below, we’ll discuss some of the most common questions we receive from clients about employment law issues.

1.       I was told by my employer that he/she appraised me as a poor performer. Can I be fired for poorly performing at my job? This question is not so cut-and-dry. The law in Ontario is that an employer has the right to terminate an employee for “poor performance,” but before they do so, they’re usually required to provide you (the employee) with an opportunity to raise your game sort-to-speak by improving your on-the-job performance. Obviously, this implies that they’re required to tell you that you’re underperforming, as well as their reasons for believing so. In fact, the employer is supposed to provide the employee with warnings when underperformance becomes an issue. This is typically done through performance reviews. With that said, not each case will warrant this kind of treatment; meaning, that each case will have to be evaluated on its merits, which may result in the employee not being entitled to an opportunity to improve their performance.
2.       I found a new job. Is my old employer required by law to provide me with a reference letter? There’s no question that a letter of reference can be an invaluable asset to a job seeker. As a former employee, you’re obviously entitled to ask your old employer for a reference letter, but sadly, the law in Ontario does not require them to agree to provide you with one. However, you’re not out of options: if your old employer has refused to provide you with a reference letter, then as a second best option, you can request that they provide you with a letter confirming your employment with their company. In rare cases, if the employee is able to show that the failure of their old employer to provide them with a reference letter resulted in them (the employee) suffering monetary (money) damages, for example because they couldn’t secure a new job, then the employer may be legally liable to pay you (the employee) some damages. This is a complicated legal issue, and you shouldn’t assume that you’re entitled to damages simply because you weren’t able to find another job. At LawyerSelect.ca, we work with some of the best Toronto Employment Lawyers, and we’ll gladly put you in touch with them so you can determine if you’ve got a viable case.
3.       I provided my employer with two weeks’ notice, but they asked me to leave immediately. Am I entitled to payment of my salary for those two weeks? The simple answer is, yes. That is unless you signed an employment contract that stated otherwise: such as, that you’re not entitled to pay in the event that you provide your resignation notice in advance. With that in mind, you should also know that if you provide the employer with too short of notice, like a few days or a week, then you may be subjecting yourself to the risk of lawsuit filed by your former employer against you. In such a suit, they’ll be required to prove that they were damaged monetarily as a result of the insufficient notice you provided them.

4.       I’ve already resigned from my job. Am I still affected by my employment contract with my old employer? This is a prickly issue. Generally, even after you’ve left your old employment, you may still be subject to duties with your old employer. For example, this situation comes up a lot if your employment contract contained a “non-competition agreement” or a “non-solicitation agreement.” These agreements typically restrain your ability to compete with your old employer either in the same geographic location, industry or otherwise. A non-solicitation clause will aim to prevent former employees from engaging in any activity that may persuade the company’s customers or clients from leaving or terminating their business with the company. Be careful to review your employment contract before you engage in any of these activities.


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