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Supreme Court

Terminated – Bonus, Stock Options, LTIP

Senior Executives, Directors and Senior Managers have compensation packages that often include bonuses, stock options, and/or  LTIP payments. The Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Ltd. (October 9, 2020) (which was a case out of Nova Scotia) confirmed…

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Employment Agreements

Are You Being Solicited to Join Another Company?

Be Alert to the Termination Provisions in the Employment Agreement A company may ask a prospective employee (“employee”) to sign an employment agreement containing a termination provision prior to commencing employment. The offer of employment will be conditional upon the…

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Bonuses and Wrongful Dismissal

Wrongful Dismissal – Do I get my bonus?

If an employee is terminated and their remuneration package included a bonus component, they should vigorously pursue their claim for damages for the loss of the bonus(es). If payment for the bonus(es) is not included in the Company's proposed severance…

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Disability Insurance

Terminated – The Loss of Disability Coverage

It is prudent  for an employee to obtain individual critical illness insurance and/or individual disability insurance. The reason for this is that if  the employee's  employment is terminated, their  insurance coverage for disability benefits  (assuming they have coverage through their…

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Terminations & Employee Pension Plans

Terminations & Employee Pension Plans

When an employee is terminated without cause, the employee is entitled at common law to their salary and benefits that they would have received had they not been terminated, throughout the reasonable notice period, subject to any deduction on account of mitigation.
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Reference Letters From Ex-Employer

Letters of Reference & Wrongful Dismissal

A letter of reference is a key term in a wrongful dismissal matter. It would be prudent in most situations to include the actual letter as a term of the settlement. Attach it as an appendix, along with a provision that the oral references are consistent with the content of the reference letter. In some situations, it is stipulated that the oral references are confined to what is stipulated in the reference letter. This way you have made the reference letter and the oral references an actual term of the settlement.
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