What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.
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Case In Point
In Stribling v Starbucks Coffee Canada Inc., the Ontario Superior Court addressed a scenario in which an employer made a separation offer that was accepted in writing by the employee. However, the employee did not sign the release that was delivered to him by the employer and then sued for wrongful dismissal. The court treated…
FTR Now
Employers using equity-based compensation should take note of this recent decision by the Ontario Superior Court in Wigdor v. Facebook Canada Ltd. In this FTR Now, Hicks Morley’s Alex Lemoine provides three key takeaways around termination provisions in employment and compensation agreements.