Employers generally want to promptly resolve all issues with an outgoing employee in order to avoid litigation. To achieve this, an employer must provide the employee with sufficient time and information to make an informed decision.  Apparent resolutions may not be legally binding if the employer fails to provide an…

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Outbursts of anger can occur during the events leading up to a dismissal, during a termination meeting and, if litigation occurs, during a mediation and  examination for discovery.  The anger experienced by an employee who feels like he or she has been mistreated can linger for years and, in some…

Employees who are fired due to their own misconduct are not entitled to receive employment insurance benefits. In most cases, Service Canada will do an investigation to determine eligibility and the records from the investigation, as well as Service Canada’s conclusion, can be very persuasive evidence should the employee commence…

Canadian employers have a duty of good faith and fair dealing to employees in the course of a dismissal.  This duty requires employers to be candid, reasonable, honest and forthright with an employee and prohibits an employer from engaging in conduct during the course of dismissal that was unfair or…

It is important for most family businesses that restrictions on the transfer or sale of share be placed on the shareholders.  Complications brought about by different groups within the family can make this portion of the shareholders agreement more complicated than in most private businesses.  Examples of some of the…

Related Articles 5 signs the time is right incorporate your business Incorporating with a numbered or named company Pros and cons of incorporating your business Business owners often think that if they incorporate their business they have protected themselves from any sort of liability.  While an incorporated company does provide…

A mediated settlement discussion is a dynamic matter that does not lend itself well to a fixed strategy for settlement.  Often in preparation for a settlement discussion HR managers will meet with their lawyers to plan a financial range within which the employer is comfortable settling.  Often HR managers are…