Termination Flashcards
Termination in employment law
can fire for no reason, only need to give notice
can sue for longer outcome
What are the key provisions for termination
termination period is time to search for another job
if nothing state, defaults to common law (get more!)
need to include in employment agreement
Termination contract minimums under ESC
period of employment leads to amount of required notice
if violates ESC is void and common law applies
How does common law determine notice period?
Bardal factors:
character of employment, length of service, age, availability of similar employment, experience, training, qualifications
Termination/Severance package
working notice and pay in lieu
Mandated additional payouts
pension, vacation, sick leave cash out, other benefits
Court ordered additional payouts
damages in manner of dismissal, tort damages, punitive (goes to employee, employer as example), inducement (convincing to switch then firing), other
Purpose of damages?
money undoes harm, puts you back to before harm started
mitigation: obligation on purpose to minimize their loses
Other kinds of termination
constructive dismissal (conduct shows no longer intends to follow contract, employee can quit and sue for notice)
frustration of contract (inability to perform its terms, often disability)
Term contracts (no additional notice required, may have to pay till end if fired)
What is the just cause exception to notice
conduct at work (incompetence, harassment, dishonesty, theft, etc)
conduct outside of work (criminal conduct, harm to company reputation, etc)
Courts vs statute
Courts: get lawyer and sue, can get more
statute: they do work, you get check eventually, for less
