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Salesperson Exemptions: How They Apply to Your Business
Correctly classifying salespeople for overtime exemption is critical. It hinges on job duties and location, not titles or commission. Key differences: California demands a strict ">50% outside" time test. The US federal standard is a more flexible "primary duty" analysis. Ontario & Alberta use an interpretive "normally made away from" test, often making remote staff non-exempt due to the "home office trap." Misclassification carries severe financial risks from back pay, fines
Trudy Seeger
Sep 215 min read
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What is Considered Workplace Injury? Navigating Workplace Disputes: Employment Law v. Employee Rights v. Personal Injury
Workplace disputes, from wrongful termination to harassment and wage issues, can turn a job into a legal battle. Employment law sets standards to protect employees and define employer obligations. When physical or psychological harm occurs, the line between a workplace injury (covered by WSIB) and a personal injury can be blurry. Understanding the intersection of employment law, employee rights, personal injury claims is vital. We further explores how to determine if an injur
dukeanna555
Sep 207 min read
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Unfair Termination: What Employees in Ontario and Nevada Should Know
Fired in Canada? Your rights are stronger than in U.S. at-will systems. Wrongful dismissal isn't about why you were fired; it's about receiving fair severance. Employers often offer statutory minimums, but Common Law may entitle you to much more based on age and tenure. Forced to quit by major negative changes? That's constructive dismissal. Before signing anything, document your termination and consult an employment lawyer to secure your full compensation. Read on to learn m
Amy Wilson
Sep 158 min read
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Can Getting Charged with Stunt Driving Cost You Your Job in Ontario?
Off-duty behavior like stunt driving may seem like a personal mistake, but in certain employment settings, it can have professional consequences. The answer depends on several factors, including the nature of your role, the terms of your employment contract, and how your actions are perceived in relation to your employer’s reputation and workplace policies. This article explores the nuanced relationship between off-duty behavior and employment law consequences in Ontario.
ttasca499
Aug 46 min read
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The Salesperson Exemption in Employment Law: What Happens When Your Office is a Phone?
Ontario's Employment Standards Act (ESA) has complex salesperson exceptions. Exemptions depend on the actual working relationship, not just contracts. Misclassification risks severe penalties (back pay, fines, reputational damage) across tax, ESA, and safety regulations. Employers need proactive due diligence and expert advice; salespersons must understand their rights. Understanding both legislation and case law is key for compliance and fair treatment.

Trudy Seeger & Tony Wong
Jul 2212 min read
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Can My Employer Stop Me From Moving?
Employee relocation triggers tricky legal terrain. Contracts matter, but implied terms (availability) & accommodation duties are key. Unreasonable residency demands risk constructive dismissal. Termination for cause solely for relocation is unlikely, but communication is paramount. The prudent course of action lies in proactive communication and a nuanced understanding of one's legal entitlements. Read On to Learn More.
dukeanna555
Apr 197 min read
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Employment Law for Finance Professionals: Key Rights and Protections Including Whistleblowing
Finance professionals need a firm grasp of employment law, Contract basics, anti-discrimination, whistleblowing protections, and termination
simonmorris557
Mar 318 min read
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Large Severance Pay Entitlement for Short Service Executives
Terminating Execs in Ontario: A Minefield? We'll unpack notice periods, inducement, and good faith duty using key cases. Read On.
Tony Wong
Mar 168 min read
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Employment Lawyer Consultation: Understanding Your Rights and Legal Options
Employment law's a maze. Lawyer up and protect yourself from workplace woes & contracts pitfall. Consultation with the right lawyer is key.
Jack Oliver
Mar 104 min read
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Navigating wrongful dismissal in Ontario: a comparative guide with U.S. jurisdictions
Wrongful dismissal in Ontario is about notice, severance, and employee rights. We'll compare Ontario's laws to the U.S. Read on for more.
taylor90878
Feb 166 min read
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Workplace Issues that Warrant the Services of an Employment Lawyer
Employment lawyers are crucial for resolving disputes and ensuring compliance. Get advice, protect your rights, obtain justice.
kenwat75
Jan 285 min read
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The Potential Damages One Could Recover through a Class Action Lawsuit
Class actions seek justice for groups wronged. Recoveries vary based on harm, demanding factual accuracy. Read On to learn More.
kenwat75
Jan 264 min read
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Work-Life Balance for Workers: Exploring Remote Opportunities in Ontario
Remote/hybrid work, enabled by strong labor laws enable Canada ranks 5th globally for work-life balance research (2024). Read On to Learn.
Hanna Kochehura
Jan 266 min read
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Navigating Wrongful Dismissal and Constructive Dismissal Claims in Ontario
Avoiding Wrongful / constructive dismissal claims are key. Evolving workplace dynamics link employment & criminal law. Read On.
Amy Wilson
Jan 264 min read
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Common Legal Issues Employers Face and How a Lawyer Can Help
Talent, compliance, and labor law are interrelated. Legal landscape demands careful navigation to avoid disruptions and reputational damage.
dukeanna555
Jan 45 min read
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Employment Contracts Demystified: What Every Employer and Employee Should Know
Understanding employment contracts is vital for Ontario employers and employees, ensuring clarity and protection in employment relationships
Lucy Jones
Dec 14, 20245 min read
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Immediate Dismissal without Notice - What to Do as an Employee
Summary dismissal can be devastating. Addressing mental health and seeking professional guidance can ease the transition back to employment.
Sheraz Khan Baloch
Dec 4, 20248 min read
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Duty to Investigate and the Sufficiency and Disclosurability of Investigation Reports
Workplace investigations are essential for fairness, mandated by law. They protect employee rights and reduce employer liability. Learn more
Tony Wong
Nov 18, 202416 min read
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Mastering Settlement Negotiations with Game Theory Insights
In this article, we break down basics of game theory, examine its application in settlement negotiations, and explore actionable strategies
dukeanna555
Oct 29, 20245 min read
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Strategic Alternatives to Business Termination
Business termination isn’t the only option in insolvency. Below are strategies that businesses can consider before opting for termination.
Trudy Seeger
Oct 20, 20246 min read
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