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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