Modern Tools

Can you overturn a termination?

Can you overturn a termination?

Whether for performance reasons, attendance or productivity, employers sometimes terminate employees for reasons that can be appealed. An employee who believes she has been wrongfully terminated has absolutely nothing to lose by appealing the decision.

What is copyright termination?

Copyright termination refers to the termination of a grant—or transfer—of one’s copyright rights. Following termination, those rights that were transferred under the grant return to the creator of the copyrighted work.

When to fire an employee for refusing a contract change?

Western Inventory Services Ltd. [2008] O.J. No. 1589 (“Wronko”) provides insight as to how an employer should handle a situation where an employee refuses to accept a unilateral change to a term of their employment when reasonable notice of this change is given.

Can a terminated employee bring back company property?

You have made up your mind: Joe has to go, but he’s got a company laptop at home. Whether it be a cell phone, iPad, laptop, or some other property, employers are rightfully annoyed that, in Massachusetts at least, you can’t refuse to provide their final paycheck unless they bring back what belongs to your company.

Can a termination be considered a wrongful dismissal?

If the employer fails to notify the employee of this, then the termination of the employee for refusing the change will be considered a wrongful dismissal. In this case the employee had an employment contract with the employer which contained a termination provision allowing two year’s pay if terminated.

Can a employer terminate an employee for insubordination?

An employee does not comply with an order that is not reasonable in the light of the norms of contemporary society; An employee’s lack of consent to a change in remuneration. Alternatively, if there is a reasonable explanation for the disobedience, an employer should not terminate an employee for insubordination.

Western Inventory Services Ltd. [2008] O.J. No. 1589 (“Wronko”) provides insight as to how an employer should handle a situation where an employee refuses to accept a unilateral change to a term of their employment when reasonable notice of this change is given.

If the employer fails to notify the employee of this, then the termination of the employee for refusing the change will be considered a wrongful dismissal. In this case the employee had an employment contract with the employer which contained a termination provision allowing two year’s pay if terminated.

What happens when a contractor is wrongfully terminated?

A defaulted contractor may also claim that the wrongful termination caused it to be de-listed from eligible bidding lists, suffer reduced bonding capacity limiting its ability to obtain work, or even put it out of business altogether.

An employee does not comply with an order that is not reasonable in the light of the norms of contemporary society; An employee’s lack of consent to a change in remuneration. Alternatively, if there is a reasonable explanation for the disobedience, an employer should not terminate an employee for insubordination.