Atlantic Employers Counsel – Winter 2014
The Termination Meeting:
A time and a place for everything
The decision has been made, but the ship hasn’t yet sailed. Somebody has to deliver the bad news and as difficult as this might be, there are a couple of things employers will want to know about before going into the meeting. Here are some practical tips to reduce potential risk associated with the termination meeting.
structure
When an employee is terminated, the question often arises about the tax treatment of amounts paid to the employee. Structuring can allow employers to provide different benefits to the employee without increasing the overall cost to the employer. Possible strategies include characterization and timing.
References, Reasons and Releases
After termination, these three words beginning with the letter “R” can raise serious issues for both the former employer and the departed employee. This article addresses some of the issues involved with writing references, reasons and releases from a management perspective.
Disability and Other Leaves of
Absence: Employee status at time
of termination
You’ve made the decision, but before you communicate it to the employee you receive a note from a doctor putting the employee off work for medical reasons. Or, the employee arrives at your door ecstatic because she’s pregnant and going on maternity leave. What happens when a leave of absence occurs before you say “so long” to the employee. Some general rules and tips from recent cases follow.
Contractual and otherwise
When assessing what type of termination package to offer an employee or what the employer’s liability for damages is, non–salary compensation can become an issue. Typically, this compensation may include stock options, stock grants and bonuses. If not resolved at termination (or shortly thereafter) a determination of “qualification” or “what it’s worth” can contribute to prolonged and protracted issues between parties. You can guess what that means. This article discusses what you need to know to provide a fair and reasonable termination package when it comes to non-salary compensation.
Investigations, Documentation and
the Termination Letter
We’ve said it before and we’ll say it again – cross your “t”s and dot your “i”s when it comes to workplace investigations and documentation. If you don’t, the matter may come back to bite you in a lawsuit. The following is a general overview of why a proper investigation and documentation of key items are so important.
Archive
*Flowchart below last updated June 2, 2020 (Originally published April 14, 2020) Dante Manna With the passing of Bill C-14, the COVID-19 Emergency Response Act, No. 2 on April 11, 2020, the federal government has…
Read MoreBurtley Francis Recently, the Government published for public comment draft legislation referred to as the Time Limits and Other Periods Act (COVID-19). The underlying purpose of the draft legislation, which was published on May 20,…
Read MoreMark Tector and Katharine Mack The province of Nova Scotia announced today that most sectors of the economy may begin to reopen. Provincial grant funding was also announced to help businesses open safely, as well as…
Read MoreBrian Tabor, QC, Ryan Baker, and Madeleine Coats On April 16, 2020, Prime Minister Justin Trudeau announced the beginning of a new piece to the COVID-19 federal economic response package – this time, in the…
Read MoreChad Sullivan and Clarence Bennett As many employers resume operations during the ongoing pandemic, we have prepared a list of FAQs and a reopening checklist for businesses operating in Atlantic Canada. Do employers need to…
Read MoreDaniela Bassan, QC Using its COVID-19 Protocol, the English Technology and Construction Court (TCC) handed down remotely a decision about the role of experts in international arbitration and how multiple retainers by a global firm…
Read MoreRuth Trask On a typical, “normal” day in many Canadian households, adults leave home to go to work, and kids attend school or perhaps daycare. As we keep hearing, though, these are far from “normal”…
Read MoreMaurice Chiasson, QC The Federal Court of Appeal released its decision in The Toronto-Dominion Bank v. Her Majesty the Queen on Apr. 29, 20201. This decision confirms the earlier ruling of the Federal Court in…
Read MoreClarence Bennett and Chad Sullivan The May 8, 2020 announcement On Friday, May 8, 2020, the New Brunswick Government made a significant announcement that the province was moving into the second phase of NB’s four…
Read MoreTo our clients who have been innovating to protect our communities, from all of us here at Stewart McKelvey, we thank you and are proud of your efforts. As we grapple with the profound impact…
Read More