Canadian employment law analysis. Real cases, real consequences, clear language.
Most people assume that if you've only worked somewhere for a few months, you're out of luck when you're fired. That's wrong. Canadian courts routinely award 3 to 6 months of notice to short-service employees — sometimes more.
David Chen, Senior Legal Writer
Most employers offer severance based on the ESA's bare minimums. The Supreme Court settled this over thirty years ago in Machtinger v. HOJ Industries, and yet the same lowball tactics persist today.
Sarah Blackwood, Contributing Editor
Employers demanding a full return to office are discovering an uncomfortable legal reality: when remote work becomes a fundamental term of employment, mandating a return can constitute constructive dismissal.
Ajay Krishnan, Founder, blackline.legal
Your employer says they need to reduce your salary. Maybe it is 10 percent. Maybe 20 percent. At what point does a pay cut become a constructive dismissal — and what are your options when it happens?
David Chen, Senior Legal Writer
Your employer fires you without cause, then discovers you padded your resume or stole client lists. Can they retroactively justify the termination and claw back your severance? The after-acquired cause doctrine says maybe — but it rarely works as well as employers hope.
Marcus Williams, Technology & Employment Correspondent
Your employer just told you your job ends in two months — but you still have to show up every day. Working notice is legal, but the rules are more complicated than most employers realize.
Sarah Blackwood, Contributing Editor
Most employers think 'probationary period' means they can fire someone for any reason with zero consequences. They are wrong — and it costs them.
Mira Okafor, Employment Law Analyst
Canadian employers are firing people for off-duty social media posts — and winning. But the law isn't as simple as 'don't tweet stupid things.' The nexus-to-employment test determines when your personal speech becomes your employer's business, and the line keeps moving.
Marcus Williams, Technology & Employment Correspondent
When your employer lays you off "temporarily," a statutory clock starts ticking. After 13 weeks, the law may treat you as terminated — with full entitlements. Most employers do not explain this, and most employees do not know to ask.
Mira Okafor, Employment Law Analyst
Getting wrongfully dismissed doesn't mean you can sit at home collecting damages forever. Canadian law requires you to make reasonable efforts to find new work — and in one controversial Supreme Court case, you might even have to go back to the employer that fired you.
Sarah Blackwood, Contributing Editor
Your employer didn't fire you — they just slashed your pay, changed your title, and moved your office to the basement. Under Canadian law, that's a termination. The Supreme Court's two-branch test from Potter v. New Brunswick explains why employers keep losing these cases.
Ajay Krishnan, Founder, blackline.legal
Every wrongful dismissal case in Canada starts with the same 1960 test — and most employees have no idea how it works. Here’s why the four Bardal factors matter more than any online calculator, and how recent Ontario courts have pushed notice periods past 24 months.
Mira Okafor, Employment Law Analyst
Employers assert "just cause" to avoid paying severance. Courts reject it in the vast majority of cases. The standard is deliberately high — and understanding why changes how you respond to a for-cause termination.
Sarah Blackwood, Contributing Editor
Employers that terminate employees in December often pay more than they expect — and employees terminated at year-end often receive less than they are owed. The timing of termination matters more than most people realize.
Sarah Blackwood, Contributing Editor
You signed a resignation letter. Your employer says you quit voluntarily. But if you were pressured, coerced, or given no real choice, the law may treat your resignation as a termination — with all the rights that follow.
David Chen, Senior Legal Writer
Most wrongful dismissal cases end with a damages award based on reasonable notice. But in cases of egregious employer conduct, courts can award additional damages — moral, aggravated, and punitive. Understanding when these damages are available changes the calculus entirely.
Sarah Blackwood, Contributing Editor
Your employer says you have been "laid off." You hear "temporary." The law may hear "terminated." The distinction between a layoff and a termination is one of the most consequential — and most misunderstood — in Canadian employment law.
Sarah Blackwood, Contributing Editor
You just got fired. Before you sign anything, you need to understand the difference between what your employer is offering and what the law says you deserve. This is the foundation — wrongful dismissal in Canada, explained from scratch.
Ajay Krishnan, Founder, blackline.legal