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Treiber Law: 2024 Layoff Tracker

Written by Editorial Team on . Posted in General.

If you have been let go from your job you need to speak to an employment lawyer. 

Consulting an employment lawyer does not mean that you automatically have to sue your employer.  

Rather, only an employment lawyer can give you advice as to whether the severance package offered to you upon termination is fair and reasonable in light of the employment lawyer’s expertise and the unique circumstances of your employment relationship.  

You might feel pressured to sign back an employer’s severance package because the employer may have given you a quick deadline to respond.  Note that the “deadline” provided by employers to review their severance offer is not a real deadline.  

In fact, it is in the employer’s interest not to rush you to sign off on a severance package in case you try to turn around on them after you have signed a release that you did so under duress.  Accordingly, you should take the time that you need to get the advice that you need about what makes sense for you and your employment relationship going forward.

In the meantime, this blog post will track the latest round of layoffs impacting Canadian workplaces.  If you have been impacted by a layoff, you should reach out to Treiber Law to book a 60-minute consultation to go over your severance package. 

2024 Layoff Tracker (last updated: December 10, 2024)          

 This article should not be relied upon as legal advice or legal opinion.

Treiber Law: Working For Workers, Part Four

Written by Editorial Team on . Posted in General.

Last week, on March 21, 2024, the Ontario provincial government’s latest piece of workplace legislation, the Working For Workers Four Act, 2023 (“Bill 149“) received Royal Assent bringing in sweeping new changes to the Employment Standards Act, 2000 (the “ESA“).  Below are some of the key proposed changes of interest for businesses:

Trial Periods & Unauthorized Deductions for Theft (Effective Immediately)

Bill 149 will amend the ESA to:

  • require any work performed during a “trial period” to be akin to training, meaning that it must be paid time; 
  • prohibit employers from making deductions from an employee’s pay where a customer of a restaurant (“dine and dash”), gas station (“gas and dash”) or other establishment leaves the establishment without paying for the goods or services taken from, consumed, or received at the establishment. 

These changes came into force effective March 21, 2024.

Tips & Direct Deposit (Effective June 21, 2024)

Bill 149 amends the ESA to:

  • require employers who have a policy in place with respect to the employer (or a director or shareholder of the employer) sharing in tips or other gratuities to post a copy of the policy in at least one conspicuous place in the employer’s establishment.
  •   employers that pay employees their wages via direct deposit will be required to ensure that payment is made to a bank account selected by the employee and such bank account is in the name of the employee. 

Employers must retain a copy of the tip policy for three years after the policy ceases to be in effect.

These changes come into force effective June 21, 2024.

New Job Posting Requirements (Unknown Effective Date)

Bill 149 amends the ESA to introduce certain job posting requirements for “publicly advertised job postings”, including:

  • a range of expected compensation for the position, subject to certain conditions, limitations, restrictions or requirements that will be prescribed by regulation;
  • if applicable, a statement disclosing use of artificial intelligence to screen, assess or select applicants for a position, with certain exceptions to be prescribed by regulation; and
  • a ban on including requirements related to Canadian work experience in the posting or in any associated application form, with certain exceptions to be prescribed by regulation.

Employers will also be required to retain or arrange for some other person to retain copies of every “publicly advertised job posting” for three years after access to the posting by the general public is removed. The definition of “publicly advertised job posting” will be prescribed by regulation.

It is important to note that these changes have not yet come into force and will come into force at a later date that is currently unknown.

Takeaway for Businesses

Treiber Law will continue to monitor Bill 149 and provide an update when the remaining legislative amendments come into force.  If you have any questions about how Bill 149 might impact your workplace, please contact Treiber Law at info@treiberlaw.ca

This article should not be relied on as legal advice or legal opinion.