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Wrongful Dismissal

The Ol’ Bait and Switch? The (ongoing) tale of the investment advisor and his book of business

By Michael Kealy

Sep4

One of the first lessons I learned about the business of law was the importance of a book of business. Of building a client base that values your services and will continue doing so, whether you leave to work on your own, in a partnership, or in a larger law firm. This is not a [...]

Posted in Employment and Labour | Tagged Summary Judgment, Wrongful Dismissal

Wrongful Dismissal Actions Should be Decided on Motion Rather Than at Trial

By Michael Kealy

Aug13

Most wrongful dismissal claims are straightforward. An employee is fired, cause is not alleged, and all that is left is to figure out the damages (i.e. figure out the employee’s “reasonable notice” payment, or what is commonly referred to as “severance”). But an employee still has to wade through examinations for discovery (a significant litigation [...]

Posted in Employment and Labour, Employment Law | Tagged Damages, Severance, Wrongful Dismissal

Frustration of the Employment Contract: No Harm, No Foul? Not Necessarily!

By Michael Kealy

Sep2

What is Frustration of Contract? Most wrongful dismissals involve two scenarios: Either the employee essentially ends the employment contract because he or she does something horribly wrong (i.e. steals from the employer), or more commonly, the employer ends the contract “without cause.” The former scenario results in no damages owing to the employee; the latter [...]

Posted in Employment and Labour | Tagged Notice, Severance, Wrongful Dismissal

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