Tagged: employer

Employment

“At-Will” Employment Can Be a Trap for Canadian Companies with U.S. Employees

One of the biggest differences between employment in Canada and employment in the U.S. is the fact that, with the exception of a few jurisdictions, employment in the U.S. is “at-will.” While in Canada employees who are terminated without cause often must be paid severance, in the absence of a contract requiring severance, a U.S. employer is generally not obligated to pay severance when an employee is fired without cause. Canadian companies sometimes understand this to mean that they have more flexibility to terminate employees in the U.S. This is often a mistake. While employers do not need “cause” to terminate employees, employers may not terminate employees for a discriminatory reason, such as...

Employment

The COVID-19 Vaccine – Next Steps for Canadian Employers with U.S. Operations

The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began.  In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use authorization to the Pfizer and Moderna COVID-19 vaccines, prompting employers to ask whether they may require employees to be vaccinated. It is imperative that Canadian employers understand their rights and responsibilities with regard to the vaccination of U.S.-based employees. A.  Can Employers Require Employees to Receive the Vaccination? Generally speaking, employers may disallow employees from entering the workplace if they have not been vaccinated, though employers must accommodate employees with disabilities or religious objections.  On December 16, 2020, the Equal...