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Short Term Disability Claims: Is a Specific Diagnosis Required in Ontario?
When facing an unexpected illness or injury, many Ontario workers wonder whether they need an official diagnosis before applying for short term disability benefits. If you're consulting with a short term disability lawyer , you'll learn that the answer is more flexible than most people realize: demonstrating your inability to work matters far more than having a definitive medical label. How Short Term Disability Policies Assess Eligibility A short term disability lawyer will
noahkadish
2 days ago10 min read


How Long Does a Severance Claim Take in Ontario?
How Long Does a Severance Claim Take in Ontario? One of the first questions people ask after losing their job is: how long will this take? The honest answer is that the timeline for a severance claim in Ontario is harder to predict than the amount of severance itself. So, how long does a severance claim take in Ontario? The answer is that it can vary and will depend on the case. Severance Amounts Are Often Easier to Estimate In many cases, an experienced employment lawyer can
noahkadish
Feb 62 min read


Can an Employer Put Me on a Performance Improvement Plan?
Employees are often alarmed when they are told they are being placed on a performance improvement plan, commonly called a PIP. The immediate reaction is usually to ask whether the employer is allowed to do this, what can a lawyer do for me about this, and whether it means termination is inevitable. The short answer is that an employer can usually put an employee on a performance improvement plan. The more important question is whether the plan is justified and how the employe
noahkadish
Feb 24 min read


What is Constructive Dismissal?
Can an Employer Change My Job Duties or Hours? This question comes up often in employment law. Many employees are surprised to learn that an employer cannot simply change fundamental aspects of their job at will. Changes to duties, hours, pay, or location often arise during restructurings, slowdowns, title-only promotions, or operational shifts. While some flexibility exists in most employment relationships, there are clear legal limits. When those limits are crossed, the cha
noahkadish
Jan 223 min read


Is an Employer Allowed to Require Overtime Work? It could be constructive dismissal...
Questions about overtime come up frequently, especially when workloads increase or staffing levels change. Whether an employer can require you to work additional hours depends largely on what was agreed to when the employment relationship began and how the role has been treated over time. When Your Original Employment Terms Matter At the start of employment, the agreed-upon hours of work form a core part of the employment contract. If you were hired for a role that clearly co
noahkadish
Jan 23 min read


Can My Employer Fire Me Right Before or After the Holidays Without Paying Severance? An Employment Lawyer’s Perspective
Yes, an employer can legally terminate an employee in December, including right before or after the holidays. However, from an employment lawyer’s perspective, the timing of a termination is often a critical factor in determining how much severance an employee is entitled to under common law. Why an Employment Lawyer First Looks at Your Contract One of the first things an employment lawyer will assess is whether the employee is actually restricted by an enforceable employment
noahkadish
Dec 23, 20252 min read


Why Asking for an Employment Contract Might Be the Worst Financial Mistake You Can Make - Employment Contract Lawyer Explains
Do I Need an Employment Contract? Employment Contract Lawyer explains what Employees and Employers Need to Know Many employees feel uneasy starting a new job without a written employment contract. It feels informal. It feels risky. Some employees even insist on one before accepting an offer, believing it protects them. In reality, for employees, an employment contract often does the opposite. From an employment lawyer’s perspective, one of the most common misconceptions we se
noahkadish
Dec 19, 20253 min read


3 Reasons NOT Rely on AI to Calculate your Severance Pay
3 reasons you should not use AI to calculate your severance pay after a wrongful termination of employment.
noahkadish
Dec 10, 20253 min read


How Service Canada’s EI Rulings Reward Misconduct and Cost the Public (Fired for Cause - Still Receive EI?)
I recently encountered a scenario that perfectly illustrates the problem: an employee was terminated for walking off the job out of anger. He was specifically told by his employer on that day that he was not permitted to leave, and that that his role was critical that day. To make matters worse, he had a history of insubordinate behaviour. Ignoring the clear instructions that he was not permitted to abandon work for the day, he left anyway. By any reasonable standard, this wa
noahkadish
Nov 30, 20252 min read


The Trap of Temporary Layoffs: How One Employee Lost Over Half a Year of Income by Ignoring Legal Advice
I recently spoke with an employee who had just been placed on a temporary layoff. During his free consultation I explained very clearly that unless his employment contract specifically allowed for layoffs, he should object in writing immediately. A layoff imposed without contractual authority is usually a constructive dismissal. I told him not to accept it, not to be a “team player”, and not to trust that it would be short. He disagreed. He told me he trusted his employer, th
noahkadish
Nov 25, 20252 min read


Losing $50,000 by Being "Clever": Why Trying to Negotiate Your Own Severance Can Cost You Tens of Thousands of Dollars
I spoke with someone about two weeks ago regarding their termination. Based on their age, position, and length of service, I advised that they might be entitled to a maximum of approximately 22 to 23 months of severance. I also explained that the number they might reasonably settle for could be somewhat lower once mitigation is factored in. Mitigation refers to the prospect of reemployment during the notice period, which can reduce the employer’s actual financial exposure. Th
noahkadish
Nov 14, 20253 min read


Hiring Just Became Dangerous: How Ontario’s New Job Posting Rules Could Result in Lawsuits Surrounding Hiring Process
Ontario’s new Working for Workers Five Act introduces strict job posting and hiring rules effective January 1, 2026, with major implications for discrimination and employment law. Employers must keep detailed records of postings, interviews, and communications for three years, disclose salary ranges, and notify applicants within 45 days. These new documentation duties could expose employers to future discrimination claims, as imperfect records and inconsistencies may be used
noahkadish
Nov 4, 20253 min read


Tariff Pressures Could Change Severance Package Expectations in Canada
A Volatile Economic Forecast The Financial Post warns that increasing U.S. tariffs on Canadian exports could ripple through our entire...
noahkadish
Aug 12, 20252 min read


American Companies' Difficulty with Canadian Employment Law
https://nationalpost.com/news/google-canada-pregnancy-lawsuit A recent lawsuit has caught public attention—not for its facts alone, but...
noahkadish
Aug 1, 20252 min read


The Gig Economy and Employment Law: Why Reviewing Contracts Matters
In recent years, the gig economy has become a significant part of Canada’s workforce. According to Statistics Canada, in the fourth...
noahkadish
Jun 27, 20252 min read


The Importance of a Free Severance Review Before Accepting Any Severance Package
Losing a job is one of the most stressful events in a person’s life. It often comes with a cocktail of emotions—relief, uncertainty, and anxiety about the future. If you find yourself in this situation, it's crucial to think carefully before accepting a severance package from your employer. Scheduling a free severance review with an employment lawyer can make all the difference in ensuring that you understand your rights and receive fair compensation. Understanding Severance
noahkadish
Jun 10, 20253 min read


“Hire Slow, Fire Fast - but not too fast”
– Will Guidara, Unreasonable Hospitality An employment lawyer's opinion on building your business and hiring/firing. When it comes to...
noahkadish
Jul 18, 20242 min read


Success at (surprise) trial! Employment Law
The legal team at Kadish Law would like to congratulate Avital on her recent success at trial in Toronto! One of our clients who we...
noahkadish
May 30, 20241 min read


Human Rights Tribunal awards $180,000 to victim of Sexual Harassment in the workplace
In the recent Human Rights Tribunal of Ontario (“HRTO”) decision of L.N. v. Ray Daniel Salon & Spa , the HRTO awarded the applicant...
noahkadish
Feb 13, 20241 min read


Digital Fraud in the Workplace on the Rise
Digital fraud in the workplace has skyrocketed in recent years. This trend is unlikely to reverse any time soon. TransUnion found that digital fraud attempts originating in Canada have increased by 40% in 2023 as compared to 2022. As AI and deep-fake applications continue to proliferate, soon after many workplaces only just recently transitioned to remote-work or hybrid work options, the potential for fraud only continues to grow. This story involves a loss of nearly $35 Mill
noahkadish
Feb 6, 20241 min read
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