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Serious insight for serious situations.

Serious insight for serious situations.

When working notice of termination does not work

Faced with the prospect of significant severance obligations, an employer may choose to give an employee working notice of termination to reduce their monetary liability. Given that the implied contractual requirement at common law is to provide “reasonable notice of termination” (as compared to payment in lieu of notice), an employer is typically entitled to

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Unmasking the Veil of Privilege in Workplace Investigations

There is a growing prevalence of workplace investigations in today’s legal landscape.  Conventionally, employers have conducted investigations for two primary reasons: to minimize legal liability to employees who have experienced some form of injury or improper treatment in the workplace (e.g. injury, discrimination, harassment, etc.); and to obtain information that may be relevant to a

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Departing employees gone rogue

Sophisticated information technology systems are rapidly taking over the modern workplace.  With the advent of remote access, cloud-based storage, ghost imaging, and everything in between, employers are increasingly adapting to evolving technological trends to remain competitive in their respective industries. However, the ease with which information can now be accessed and duplicated has presented a

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One cannot both breach and benefit – employer precluded from relying on termination clause it breached

Employers are often advised to act cautiously when dismissing employees, particularly when those employees are subject to enforceable termination provisions.  Hasty decisions to terminate based on unfounded allegations of “just cause”, or careless applications of “without cause” termination provisions, may result in unintended consequences.  Specifically, employers may find themselves: exposed to liability for bad faith,

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