Fortunately, the law in Ontario provides you with rights upon dismissal. First, you may be entitled to receive notice of your impending dismissal, or payment for the time when you should have been placed on notice. This is what is often known as pay in lieu of notice. You can generally take these payments in the form of a lump sum or a continuation of payment after dismissal. The amount of pay you may be entitled to depends on many factors including, how long you’ve worked with your employer, your age, your qualifications, and what are your job prospects.

Aside from receiving any payments, you will likely want to obtain new employment. Practically speaking, you might ask yourself the following questions: Will my former employer provide me with a reference? Will the reference be any good? What are my marketable skills? Who can I turn to for help in preparing a resume? In my experience, employees are often surprised to find out that employers are often willing to help employees transition into new jobs. Employers often find that it may be in their interests to do so.

Upon dismissal, an employer may ask you to sign a release, which is a legal document similar to a contract, in which you agree to receive a certain amount of money or certain rights in exchange for your promise not to sue. Before signing this document, you should discuss it with a lawyer to ensure that you are receiving all the benefits which you are entitled to. This may be your best time to negotiate financial compensation and the tools to use in obtaining a new job. These are only some of the benefits you might negotiate.

• As a former employee, you may be able to obtain a favourable reference letter as part of your compensation package.
• You may also negotiate the right to review your record of employment – the document sent to Human Resources and Skills Development Canada, which is used to determine your employment insurance eligibility. This may make it easier to obtain employment insurance in the future.
• Another benefit you may request is the services of an outplacement counseling agency. This is a service where an employee can have their skills reviewed, update their resume, establish business contacts and work on their interviewing skills by professional career counselors.
• You may also request the right to continue to receive employment perks which you were entitled to during your employment.

Of course, this is only the starting point. If you have been dismissed, you should seek advice from a lawyer practicing employment law to ensure that you get the benefits you are entitled to. If you are an employer looking for guidance with respect to dismissing employees, you should seek legal advice as well.

Pawel Wojtis is a lawyer practicing with Malicki & Malicki, Barristers & Solicitors and can be reached at (905) 274-1650 or via e-mail at pawel[at]malicki[dot]ca regarding any employment law or family law issue. For the complete range of services offered by Malicki & Malicki, Barristers & Solicitors, please visit http://malicki-law.ca/.

There are numerous legal changes in Ontario this year.

· Small Claims Court jurisdiction rises from $10,000 to $25,000 permitting many more residents access to quick inexpensive and uncomplicated justice.

· The Harmonized Sales Tax (HST) anticipated to be 13% is slated to come into effect in July 2010 in Ontario affecting sales and marketing strategies for virtually every business and profession.

· Amended Family Law rules will require more comprehensive plans and information disclosure in custody disputes especially when a non-parent seeks custody.

· Privacy will be under siege with intrusive searches when crossing the border.

· In a troubled economy employees will be seeking adequate compensation for termination.

· More support payers are seeking variations in their agreements or court orders.

· The law now acknowledges that a decline in the value of assets between separation and hearing may result in a lower equalization payment.

· Yet, real estate is booming with continuing record low interest rates.

In one way or another your life will be affected. If you need legal advice regarding any of these issues, we are here to help.

Marek S. Malicki
Malicki & Malicki
malicki-law.ca

There are numerous legal changes in Ontario this year.

· Small Claims Court jurisdiction rises from $10,000 to $25,000 permitting many more residents access to quick inexpensive and uncomplicated justice.

· The Harmonized Sales Tax (HST) anticipated to be 13% is slated to come into effect in July 2010 in Ontario affecting sales and marketing strategies for virtually every business and profession.

· Amended Family Law rules will require more comprehensive plans and information disclosure in custody disputes especially when a non-parent seeks custody.

· Privacy will be under siege with intrusive searches when crossing the border.

· In a troubled economy employees will be seeking adequate compensation for termination.

· More support payers are seeking variations in their agreements or court orders.

· The law now acknowledges that a decline in the value of assets between separation and hearing may result in a lower equalization payment.

· Yet, real estate is booming with continuing record low interest rates.

In one way or another your life will be affected. If you need legal advice regarding any of these issues, we are here to help.

Marek S. Malicki
Malicki & Malicki
malicki-law.ca

A Cooksville multilingual general practice law firm has served several generations of the area’s Polish- and English-speaking communities. Now, Malicki & Malicki is celebrating its 50th year of service, wrote The Mississauga News May 11.

“We speak a number of languages in the office,” said Marek Malicki (LLB ’71), son of the firm’s founder, the late Stefan Malicki (BARR ’59). Malicki is a lawyer and deputy small claims court judge. “Because of the diversity of Mississauga, a lot of clients prefer speaking to a lawyer or professional in a language they feel comfortable in,” he said of what makes the firm successful.

His father, Stefan, was a judge in Poland before the outbreak of the Second World War. He and his wife, Fela, and two children, Marek and Krzysztof, came to Canada in 1952.

In Canada, he took on several jobs and then, while working to support his family, Stefan entered Osgoode Hall Law School and set up his own practice in 1959. After Marek graduated from Osgoode, he joined his father’s firm in 1973 and the practice became Malicki & Malicki.

This article can be found at York University’s YLife Student Newsletter

Negligence in employment covers several actions in tort law, mainly when an employer is responsible for the accident (or other tortuous act) caused by the employee. The employer in this case is negligent in providing the employee with the ability to create this situation. A person who is claiming negligence must prove that the defendant owed them a duty of care, that this duty was breached and that the claimant was injured as a result of the duty breach. This duty exists only if the injury is labeled as “reasonably foreseeable” (can cause the harm of the type which occurred at the current accident). The claimant must also be the person for whom the harm would be a “reasonably foreseeable consequence”. Generally the law divides Negligence in employment in four scenarios: negligent hiring, negligent retention, negligent supervision and negligent training.

Negligent Hiring

Negligent hiring is a situation when the employer hires the employee ignoring some of his work records that pointed to the fact that the accident can occur. This is one of the cornerstones of negligence in employment, because at this point everything depends on the actions of the employer and his professional skills in hiring employees. All the other scenarios can include some factors that appear later during the working process, but hiring is the moment when only the employer is guilty for the possible future incidents. Negligent hiring is also the scenario that can be prevented by the buyer alone. Additional investigation can uncover some facts about the future employee. So it is best for the buyers to conduct interviews, verify work and educational histories, check references and conduct a background check on the future employee. In some cases the check can be considered insufficient, still it is best to do to it, especially if the employee looks like he is hiding something from his previous work experience.

Negligent Retention

This type of negligence occurs when the people in charge failed to remove an employee from a position of authority or responsibility after it was clear that the employee wasn’t capable of handling the responsibility. The results of this negligence are probably the most serious, a non-professional person with authority can cause huge losses for a company. If a person is suited for negligent retention very often he or she pleads negligent supervision or training. It changes the penalties from firing the employee to conduct additional training or add supervision to the working process.

Negligent Supervision

Negligent supervision occurs when the party fails to monitor or control the actions of the employee. As the other types of negligence it results into injuries or losses if the work of an employee was not observed correctly.

Negligent Training

This negligence occurs when a party fails at training of the employee or at making him aware of certain details of the working process and it results into injuries or losses. This occurs only in certain types of companies where an additional training for employees is required.

About the Author:

For more information regarding Vancouver immigration lawyers, Toronto personal injury lawyers, Vancouver injury lawyers and Attorney please visit: www.lawyerahead.ca

Article Source: ArticlesBase.com - Negligence in employment in Canada

Disclaimer:
The author of this article is in no way affiliated with this site, and the information posted is for reference only. The information you obtain at this site is not, nor is it intended to be, legal advice. For individual advice regarding your own situation you should consult a Lawyer. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Bill C-37 that passed on 17 April 2008 and finally came into effect on 17 April 2009 is a very interesting amendment to the Canadian Citizenship Act. This document gives Canadian citizenship to those who lost or never had it, due to outdated provisions in existing and former legislation. The government believes that this could restore citizenship of hundreds of thousands unsuspecting foreigners. The biggest part (over 240.000) is believed to be in America, and these are just people born from 1947 to 1977. This amendment not only automatically restores Canadian nationality to many people that were forced to renounce it when they became citizens of another country, but also grants citizenship to their children. After 1947 there were actually numerous problems with the Citizenship Act that led to mistakes and loss of citizenship. The new amendment doesn’t make the people Canadian citizens instantly, they still have to apply for citizenship. It means that people who don’t want to change nationality don’t need to solve problems with being recognized as Canadian citizen. People who want to keep their other nationality can always renounce their new citizenship.

If we look into history the Canadian Citizenship Act took effect on 1 January 1947 and stated that anyone (with the exception of diplomat children) born in Canada from 1947 onwards acquired Canadian citizenship at birth. In 1977 the Canadian nationality law was revisited, when the new Citizenship Act came into force. From this date the Canadians who were born outside the country received citizenship and Canada also fully accepted multiple citizenship. However the people who lost their citizenship before that date did not automatically have it restored until 17 April 2009 when Bill C-37 became law. The group of activists that played an important role in the passing of this bill consisted mostly of people born in the thirty year long span from 1947 to 1977.

The fight for this amendment and the restoration was started by a group of people who lost their citizenship rights due to various mostly unfair reasons. The biggest part are Canadians who were born in U.S. hospitals from 1947 to 1977. During this time if a family crossed the border and the child was born in the U.S. and not registered with the government, the child was not recognized as Canadian. Also members of the families of Canadian servicemen lost their citizenship if they stayed out of the country for a decade or more. There were also the grandchildren of the Canadian Mennonites who moved to Mexico in the 1920s to the 1960s. When these grandchildren tried to return to Canada their nationality was classified as unclear. Despite the fact that some of these cases were reviewed for years, this group of people with unclear nationality became more active in the last few years. One of the reasons was that new U.S. rules requiring passports for travel between Canada and the U.S. uncovered very large numbers of people who reported that they have Canadian citizenship, but were not officially confirmed citizens of Canada.

About the Author:

For more information regarding Ottawa Lawyers, Copy right lawyers, Windsor lawyers and Legal information please visit: www.lawyerahead.ca

Article Source: ArticlesBase.com - The 17 April Amendment- Canadian Citizenship Act

Disclaimer:
The author of this article is in no way affiliated with this site, and the information posted is for reference only. The information you obtain at this site is not, nor is it intended to be, legal advice. For individual advice regarding your own situation you should consult a Lawyer. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

This year, Malicki & Malicki a law firm based in Toronto, Ontario, celebrates its 50th anniversary.

Stefan A. Malicki was a judge in Poland before the outbreak of World War II. He fought in Britain with the Polish forces and emigrated to Canada in 1952.

After working at manual labour he secured employment at the law offices of Mr. Thomas in Welland, who later became Ontario’s First Official Guardian.

On the encouragement of then Chief Justice Gale he applied to Osgoode Hall Law School. Articled with Goldwyn Elgie and was called to the Bar in 1959 when he established what is today Malicki & Malicki.

Mr. Malicki’s first born son, Marek S. Malicki studied at Osgoode Hall Law School as well and was called to the Bar in 1973. He has served as deputy Small Claims Court Judge for Central West Region since 1989.

50 years after its founding, Malicki & Malicki is a thriving practice that continues to serve clients in four languages and over the course of three generations maintaining all the while the highest standards of practice established a half century ago. This is something Malicki & Malicki lawyers, staff, colleagues and clients celebrate.

It is not a secret that divorce can be messy and difficult at times. No matter who you are or what your marriage was like, divorce is a difficult thing to go through. It can be ugly or it can be somewhat bearable, but that really depends upon how you go through the process. For some couples, there are lots and lots of things to be worked out when you go through a divorce. Possessions are really only a part of the equation, too. You have to think about the kids who are involved and if you want them to get through the divorce in tact, then you need to get a great divorce lawyer. So what are the ultimate benefits of having a good divorce lawyer? Here are a few of the biggest benefits.

One of the benefits of using a good divorce lawyer is that it takes a lot of the animosity out of the divorce process. Let’s face the fact that a divorce can be mean and disheartening enough on its own, without adding in all of the stuff that can make it even worse. When you are sitting across the table trying to negotiate with the person who you used to sleep with every night, things can become heated. A good divorce lawyer can make this a little bit less so, by using their skills in mediation. They make sure that each of you is heard and that you can come to a solution without things having to get ugly.

Another one of the benefits of using a good divorce attorney is that he will always have the big picture in mind. These people are experienced and they have seen it all. They have seen divorces that are much worse than anything that you are going through, so they will help with reframing the situation for you. Often times, you can lose sight of what you need to do if you get too bogged down in what you are doing at the moment. They will keep the big picture in mind, including what is best for your children. Ultimately, they are the ones who get the shaft in the process most often, so having someone who will look out for their good at all times can be very helpful for the entire situation.

When you have a good divorce lawyer, all of the little details that go along with the process will be taken care of. One of the things about divorce law that people don’t understand is that it is a ton of paperwork even after you make the big decision. Things have to get worked out and the forms have to be drawn up. If you have a good divorce lawyer to take care of the forms, then you won’t have to worry about things being lost in the mix. They will be able to look at the entire spectrum and make sure that all of your t’s are crossed and your i’s are dotted.

All in all, it can be very difficult to go through a divorce without a solid lawyer. Their mediation skills are invaluable and they can save you an awful lot of trouble over the long haul. Trying to do it on your own is something that will undoubtedly lead to frustration on your part and it will lead to a messy divorce.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

About the Author:
A divorce lawyer in Rochester MN at a local law firm can provide an experienced Minnesota divorce attorney to handle your case.

Article Source: http://www.articlesbase.com/law-articles/the-benefits-of-a-family-or-divorce-lawyer-857358.html

Malicki & Malicki has been practicing Family, Matrimonial and Divorce Law for 50 years.

Most people by now have heard of the benefits of using the professional services of a real estate agent, home inspector or mortgage broker in the real estate transaction process. However some buyers and sellers my not pay as much attention to choosing the real estate lawyer that will be representing them from the time they sign on the dotted line to the closing of the deal itself.

If you are a first time home buyer or seller, it is always a good idea to be safe with the paperwork and transaction. The safest way to make sure everything goes over smooth is to hire a real estate lawyer. They can handle a lot of the details for you and make sure that everything is taken care of properly. But do you know how to hire a real estate lawyer?

It is really a fairly simple process to hire a real estate lawyer. Before you do anything, it is always a good idea to talk with family, friends and neighbors for referrals. If you can get a good referral, you may be able to save yourself the hassle of searching for days for the right lawyer. But even after you get a referral, still make sure to research the lawyer before making any rash decisions.

The next place to look is with local real estate brokers. Real estate brokers are constantly associating with lawyers that deal with real estate. This is one of the many advantages you can get by hiring a real estate broker is the ability to find a quality lawyer. Therefore, talk to local brokers to see who they refer you to.

It is important that you understand you should keep all of your options open. The more referrals you can get the better. Then you can take the time to research and call all of the referrals you got to see who you think would be best for you.

Aside from getting referrals, you may also want to look in the yellow pages under Attorney: Real Estate. This will give you a list of local real estate lawyers you can call and talk with. It can be a bit tedious looking in the yellow pages and calling up random numbers, but it is worth the time to find the right lawyer.

The next step toward how to hire a real estate lawyer is to prepare a list of questions that pertain to your situation. Typically, simple questions lawyers will answer over the phone allowing you to get a general idea of whether or not it is the right lawyer for you.

The last step before hiring a real estate lawyer is to ask how much each charge per hour and request a general timeframe of how long it will take to complete the tasks you require. This should include looking over contracts, handling disclosures and helping with the closing. After you have done all of this, choose the lawyer you feel will be best for your situation.

About the Author:

Mary Anne Murphy is a real estate expert with a firm knowledge about real estate listings Whitby and information about the local real estate market for both buyers and sellers. If you are thinking about selling home in Ajax or Whitby Mary Anne will be happy to assist with all of your real estate needs.

Article Source: http://www.articlesbase.com/real-estate-articles/how-to-hire-a-real-estate-lawyer-483670.html

Disclaimer:
The author of this article is in no way affiliated with this site, and the information posted is for reference only. The information you obtain at this site is not, nor is it intended to be, legal advice. For individual advice regarding your own situation you should consult a Lawyer. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.