McCarthy Tetrault

Since the concept of at-will employment isn’t recognized in Canada, U.S. employers need to understand how terminations are handled in their operations north of the border. Are you confident that your termination decisions are in line with Canadian law? And what about the “enhanced” severance known as “Wallace damages”? Are you clear on that concept?

Here’s a key difference between United States and Canadian employment laws: In Canada, unless termination is for just cause, employees are entitled to notice or payment in lieu of that notice. Also, unless an employment agreement expressly provides otherwise, the courts may allow a terminated employee notice or payment of an amount that the court considers reasonable.

This “reasonable” notice or pay is based on the employee’s age, position, length of service, and the availability of alternative employment. Such notice is usually more than the statutory minimum. Plus, the courts can award extra notice or pay if the employee has been treated unfairly during termination. So it’s important that you understand what you’re up against when letting employees go. read more…

by Karen Sargeant
former of McCarthy Tetrault

You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re not always straightforward.

Here are some tips to keep in mind if you decide to do a reference or background check in Canada:

1. Ensure that you are not violating human rights legislation. When conducting background checks for education, previous employment, and criminal records, you must comply with the human rights legislation in the applicable province, territory, or federal jurisdiction. read more…

McCarthy Tetrault

Canadian discrimination laws, like those in the United States, generally require employers to make accommodations for employees with disabilities. By law, employers must accommodate to the point of “undue hardship,” but undue hardship is difficult to define and is assessed on a case-by-case basis.

What happens when employee rights come up against your rights as an employer under a union agreement to terminate an absent employee after a specified period? Just how far must you go in accommodating an employee who is considered totally disabled and unable to work for the foreseeable future? read more…

McCarthy Tetrault

A “blog,” short for web log, is akin to an online diary or an electronic discussion board that often includes a mix of commentary and opinions from visitors to the website. More and more employers are dealing with employees who may be blogging about their work. Here are some questions you should consider.

Q. Why should I care about blogs?
A. The number of blogs is rapidly increasing. In its April 2007 “State of the Blogosphere” report, Technorati stated that at least 120,000 new blogs are created worldwide each day. And many employers are finding themselves the subject of blogs. read more…