to get a free patent

to get a free patent
Somehow it has a better ring. For most people as" Laid-off "is a much easier to swallow and after many years of loyal service as a pink slip with the words" terminated "," dismissed "or" Fired. "Certainly, the notion of" Laid-off "has connotations that the decision was due to circumstances beyond the control of the employer and without the fault of the employee. The lack of cash flow and the lack of work are the Causes of the punishment, not the workers' performance, so the story is told. However, this cloud has silver lining on the horizon. In fact, many employers prefer to characterize the termination of employment as a "dismissal" from the sincerity and a genuine attempt to the emotional pain of losing the job.

However, there is often a "hidden agenda" darker this characterization, to protect the interests of the employer to the detriment of the workers the right: On the one hand, there is a subtle message. If the employee tough it out, accepted the situation, keep the peace and, above all, it is not, legal assistance, the situation may be temporary, and there is a chance to remember the moment at which the status quo is re-instated. It is only natural to hope that the break is only temporary. Especially after a long, nobody wants to be on the unknown of a new relationship.

If the weeks melt into months, and not remember, the people slowly realize that he or she was deceived into a false expectation. In the meantime, is a valuable opportunity has been lost in the search for alternative permanent employment and, above all, grant claims.
With regard to the latter, the employer, the message is much less subtle. Call the Labor Board "Then said one employee after a request to claims" We can see for 13 weeks and we do not have to pay you a dime. " In the meantime, as the bills mount, unemployment decreases, and nothing is done to ensure positive, his / her rights, the staff is waiting like a jilted lover hopeful. Of course the call never comes. If the employer was right to say enough about how it is indefinitely laid off is a euphemism for without stating any reasons dismiss a bitter pill with sugar coating.

It is a light at the end of the tunnel. In Ontario, as in all provinces in Canada, all employees, without good reason is entitled to reasonable notice or severance pay instead of notice. The amount of the Note is primarily on 3 main factors, in 30 years of judicial decisions, known as the Common Law: age, position and seniority. There is no special status for "redundancies" in the common law, a dismissal is a violation of the employees of the unwritten contract. Each non-unionized workers are entitled to compensation for unfair dismissal from the day he receives a permanent dismissal notice and the employer refuses or is unable to, the date of recall. What about the 13 week rule? It is true that the Employment Standards Act, 2000 (The Ministry of Labor "Labor Board") is a 13 weeks sacked period during which a moratorium imposed on the actions of the employment of officers, the compensation under the Act. But this only applies to the termination of the statutory minimum severance allowances and rights to be included in the legislation. Important to remember is that the staff of the common law claims for unfair dismissal claim on the basis of age, seniority and status of the override minimum in the framework of the Employment Standards Act, 2000. For example, a middle-management employee, age 50 with 12 years of professional experience, is entitled to 8 weeks under the Employment Standards Act of 2000, but is entitled to 12 months at common law.

In fact, an employee who is "Laid-off, remember it with no more rights than the ordinary circumstances of termination. In the last decision of the Cagigal v. Mill Dining Lounge Ltd manager of a restaurant with three (3) years of service for wrongful dismissal. He was sacked in March, but only said by the employer in August that it was no longer a task for him. The Ontario Court held that the employer does not act reasonably in not informing the employees that he be dismissed during the time of discharge. Therefore, the five (5) months after discharge in the three (3) months of the normal severance pay for a total of eight (8). The court in fact said that it is unfair to lead someone along if there is little or no possibility of recall. This term has been extended by the Supreme Court of Canada in the famous Wallace decision. Under his leadership, in Ontario and other countries, the Canadian courts have gone even further. In the case of the leading Martellacci V CFX Inc. * For example, the court finally confirmed that the most important of the 13 week rule is not cash on unfair dismissal and resolutely punish an employer to refuse any compensation if they refused to dismissed employees (a purchasing manager) to it before, "released" position.

In summary, employers that have fired their employees of their true intentions, so that employees can look forward to the life and the search for suitable alternative employment, if not, the consequences will be an enhanced severance money for "bad faith" dismissal.

A rose by any other name smells as sweet, unless labor. If the employer's intentions are, to the psychological shock of dismissal, the way not to do it is to mislead employees into believing that a dismissal has some special status and thus its obligations. If the employer has the employee for legitimate financial reasons, most people will understand. What they can not understand, and the courts will not tolerate, is less straightforward than trying to have a dismissal as anything other than what it is, a termination of employment for which the employee is entitled to compensation or notice of termination if they need it most.

* The author was a consultant for staff in this area.

Bram A. Lecker, psr LLB. As an experienced employment lawyer in Toronto, Ontario, Canada, is dedicated to the employees concerning their rights in matters of employment, unfair dismissal, constructive dismissal, harassment in the workplace, benefits, employment and severance allowances. Bram has been practicing employment law since 1984 and was on several important judicial decisions relating to rights of workers. Bram's website and other articles, please visit http://www.torontoemploymentlawyer.ca.