a

How does a temporary/fixed-term employment contract factor into compensation pay?

A temporary/fixed-term employment contract may limit the amount of compensation received in a termination without cause. These situations are fact-sensitive and must be assessed on a case-by-case basis.
a

When is an employee entitled to severance?

Reasonable notice/termination pay and severance are different. An employee is entitled to severance when:
They have been terminated without cause after five or more years of service with a company; and
(i) The employer has a payroll of $2.5 million per year; or
(ii) 50 employees have lost their jobs over a six-month period.

a

If an employee pursues benefits while temporarily laid off, can the employee go back to work afterwards?

If an employee has been temporarily laid off and is entitled to receive employment insurance, the employee will still be able to go back to work afterwards. Receipt of employment insurance will not influence the employee’s ability to return to work once the temporary layoff has ended.

a

Is the employee entitled to any benefit if the layoff is labeled as “temporary”?

Not necessarily. A temporary layoff does not, in and of itself, carry with it an entitlement to any benefits.

a

What is an employee entitled to if they have been terminated?

If an employee has been terminated with just cause, they will not be entitled to reasonable notice or pay in lieu of notice.
If an employee has been terminated without cause, they may be entitled to reasonable notice or pay in lieu of notice.
If the termination is for just cause, the employee may want to seek legal advice.

a

What is an employee entitled to as a result of a layoff?

If an employer has legally placed an employee on a temporary layoff, the employee will not be entitled to reasonable notice. If you have questions about the legality of your layoff, you may want to seek legal advice.
If the layoff was legal, employment insurance may be an option for the duration of the layoff.
If your layoff was illegal, it may amount to constructive dismissal, and the employee could be entitled to reasonable notice or pay in lieu of notice.

a

What is the difference between “layoff” and “termination”?

A layoff is a temporary stoppage of the employment relationship. This typically takes place in seasonal employment relationships, or where there is a shortage of work. In a layoff, the employee has an expectation of being called back to work in the future.
A termination represents the end of an employment relationship. Terminations can be for cause or without cause. When an employee is terminated without cause, they are entitled to reasonable notice of termination or payment in lieu of notice.

a

Will I actually get as much money as the Termination Compensation Calculator predicts?

The result provided by the Calculator is a prediction, and does not reflect how much each case may actually be worth. The Calculator operates within a predictive range and is not a substitute for legal advice.

a

Will you require payment at any point?

The Lab provides all of its resources and tools for free. The Lab will never ask for payment or personal payment information. Should you receive any prompts, please report them to us at conflict.analytics@gmail.com

a

How long should I wait to file a claim?

The timing of your claim depends on a number of factors. It is important to seek legal advice to determine the best time to file a claim.

a

Why did MyOpenCourt email me?

The Lab will never contact you and request personal information. Please report this to us at conflict.analytics@gmail.com

a

Is the information provided confidential?

Yes. The Lab does not store or reproduce any personal information. Furthermore, data will only be released to legal counsel should you choose to contact a lawyer.

a

Will I actually speak to a dispute resolution professional?

Steps to be put in touch with legal representation will be available to you once the calculator has processed your information.

A free initial consultation is provided if you choose to speak with a dispute resolution professional. There is no obligation for you to speak with a dispute resolution professional or move your case forward if you do not want to.

a

What are my next steps after your tools?

After using our tools, we suggest finding legal representation to better represent your interests and position. A lawyer will be best suited to interpret the results of the tools and use its findings to support your legal position.

a

Do you provide legal advice and services?

No. MyOpenCourt does not provide legal advice or legal services. The information provided is intended to educate you about your odds of winning a case, and should not be taken as legal advice.
You may choose to follow the prompts provided on the website to get in touch with appropriate legal representation.

a

How accurate are MyOpenCourt tools?

The calculator can predict results with a general accuracy of 83 to 89%