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#employment-law
Asked: 2 months ago


Carter G. Perks

Corporate & Employment Lawyer, Perks Law Group


In Ontario, if your employment agreement states that you and your employer agreed to a six (6) week notice period should you voluntarily leave your position, then you should abide by that requirement. If you only give two weeks notice, you would not be entitled to your salary/wages for the four additional weeks that you agreed to work as per the agreement. Further, employees can be found liable for the damages if the employer sues for breach of contract (wrongful resignation) given you failed to provide the agreed upon notice. More details would be required to assist further.


Edited: a month ago
#employment-law
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


In general, an employer cannot withhold wages an employee has in fact earned, regardless whether there are other disputes, liabilities, or issues with regards to the employee.


Answered: 2 months ago
#employment-law
Asked: 2 months ago

Can an employer withhold pay if an employee refuses to sign a release form pertaining to personal medical records?

I've been out of work due to personal issues. I have gotten doctor's notes that states I'm unable to return to work. I just received a letter from the head of Human Resources stating that they want me to sign a release s… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


Generally, an employer cannot withhold funds which you have earned and to which you are legally entitled, regardless whether you sign policy documents requested by the employer.


Answered: 2 months ago
#employment-law
Asked: 2 months ago

Is employer liable for personal belongings being stolen from the workplace?

I had my personal belongings stolen from work, from an area that was supposed to be secured. Later we found out that the lock was broken. Is my employer liable in this situation?


Samuel Michaels

Founder & Lawyer, SM Legal


In general, an employer may be found liable for the actions of their employees; however, this is a circumstantial determination based on a number of factors. 


Answered: 2 months ago
#employment-law
Asked: 2 months ago

Can I pursue legal action against the company that refuses to pay for my work?

I worked at a wedding event a month ago, and still haven't been paid. I had responded to a casting invitation on Facebook, where all the negotiations took place. Am I able to pursue legal action?


Samuel Michaels

Founder & Lawyer, SM Legal


If you are owed funds for a completed contract (even if the contract was only confirmed through online/text messages) then you would likely have a legal right to the collection of the funds. 


Answered: 2 months ago
#employment-law
Asked: 3 months ago

Can a person sue the company for letting him/her go without adequate termination notice and without severance payment?

After working at the company for 16 years, the employee received a letter of termination. It was clearly written for the purpose of another employee, which had blacked out sections, and poorly underlined sections regardi… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


According to the labor law, an employer reserves the right to let an employee go at any time, for any reason.


However, an employer has to do so with either:

  • adequate notice, or
  • pay in lieu of notice


It seems like in this situation, an employer may have not provided adequate termination pay and may be withholding funds. Other than legal aid, your most likely recourse would be with the help of a lawyer.


Answered: 3 months ago
#employment-law#quebec
Asked: 3 months ago

Do I have to repay draw against commission amount if I leave the company, or get fired?

Because of draw against the commission, I owe $4,000 to the company I work for. My working condition is horrible, and I don't see it improving. My boss told me that my job is on the line. If I get a new job and leave, wi… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


The outcome depends on the circumstances of your agreement with the employer, and whether the employer chooses to enforce the agreement and by what means.


Answered: 3 months ago
#employment-law
Asked: 3 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


As a court order, a restraining order is a public record. However, it is unlikely that an employer would be searching for this record, so the effect on employment is generally minimal (except if the individuals work in the same place).


Answered: 3 months ago
#employment-law
Asked: 3 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


In this situation, firstly it seems you have grounds for a small claims action if the PayPal dispute service does not reimburse your funds. Secondly, it is always possible that an individual could start a defamation claim against you, but it does not sound such a claim would be successful. Further, Ontario courts can assess punitive damages against vexatious litigants, which the individual will have to consider very thoroughly before starting a claim.


Answered: 3 months ago