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Posts Tagged ‘mitigation’

Non management employee received 22 months’ severance – Court again confirms no cap on non-management workers

Please speak to our wrongful Dismissal Lawyers in Burlington or Wrongful Dismissal Lawyers in Milton if you have any Questions about your Severance or Termination Letter This is another wrongful dismissal case with a lot of interesting issues.   The case of Olivares v. Canac Kitchens  one of many reported wrongful dismissal cases against Canac Kitchens (There must be ten at this point…) since it shut the doors of its manufacturing department in 2008. The plaintiff, Mr. Olivares was terminated after 24 years of service with the Defendant Canac. He was paid 32 weeks as his basic termination pay and severance

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Understanding Mitigation in Employment Contracts

Mitigation is often a hot topic among plaintiff and defendant lawyers. The theory set out by case law long ago is simply that in that absence of an employment contract when terminated, an  employee is required to take all reasonable steps to mitigate his or her losses by locating or attempting to locate alternate employment. The burden shifts upon the employer to prove that the employee has failed to mitigate his or her losses. What happens when both the employer and employee agree by written contract that a payout in lieu of notice will  be paid upon termination? Does an

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This blog is about legal information and public caselaw comment. This website does not provide legal advice. Please contact us if you need legal advice related to your particular situation. Reading this does not constitute a solicitor client relationship.

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