She practices civil litigation and specializes in employment law. You can e-mail her at: [email protected]. How is fair compensation usually calculated for an employee or contract employee? Using the factors of length of tenure, level of specialization, age of employee, likelihood of re-employment, I will usually give a range of what the appropriate amount of notice is. The minimum requirement of the Employment Standards Act is anywhere from one week to eight weeks (it can some-times be more depending on certain criteria). The common law rule of thumb (which can sometimes mean a little more or a little less) can be up to one month per year of service. That would be the top end (for the CEO, manager, etc.). The maximum for common law is 24 months. How is severance paid? It can be paid a number of ways. Lump sum payment is made to immediately get them off the books. It can also be paid through salary continuance that stops when they find another job. Can an employer slash employee hours without notice? It is against labour law to cut an employee’s hours without prior working notice or without compensating them fairly based on the factors stated above. It is contrary to the Employment Standards Act and common law to do so. It is considered a constructive dismissal. How much working notice should be given so the employer does not have to pay any additional severance? Once the range has been figured out. You just offer the same amount of working notice or a little bit more to cover your bases. Working notice should only be used in the right cir-cumstances. If you think they are going to come in for three months and do nothing or be uncooperative, then don’t bother. They should be allowed time off to attend interviews. If they find a comparable job before the end of the working notice, they quit, and you are free and clear. What are the fundamental differences between an employee and an independent contractor? The biggest factors are financial risk and level of control. If hustling means the individual earns more and they have control on how much and when they hustle, they are prop-erly treated as an independent contractor. This is a topic that many chiropractors are uneducated about. This is why you need to consult an employment lawyer for any questions regarding dismissal or hiring of workers. Please use this article only as a guide and save your questions for the lawyers. Kosim ideal for health Chiropractic, Physiotherapy, Massage Therapy & much more! Toll Free: 1-877-50KOSIM or WWW.KOSIM.CA KOSIM MEDICAL SUPPLIES Matrix Repatterning Restoring Health from the INSIDE OUT TAKE YOUR CAREER TO THE NEXT LEVEL… val! Arri w e N ComboCare 2-Channel Ultrasound & E-Stim Combo • 1 MHz & 3 MHz for Ultrasound, • 2-channel of electrical stim output • IFC, Russian, EMS, and TENS ULTRA Real Clinical Solutions for: Drug FREE Pain Relief Super Pulsed Laser World’s most advanced pain relieving modality Starting from $6,620. 00 Full range of portable TENS, EMS, IFC units As lowest as $38. 00 Special $1,250. 00 • Concussion, Headache • Migraine, TMJ • Snoring & Sleep Apnea • Low Back Pain • Hip, Knee, Foot & Ankle Pain • Neck & Shoulder Pain UPCOMING SEMINARS Introductory Workshop: November 13-14, 2015 and January 22-23, 2016 Toronto, Ontario Canada Micro-Sphere Cervical Pillow Dr. George Roth, DC, ND Founder, Instructor “ … I view it as prudent to have a Matrix assessment after a blow to the head… Observing such cases has led me to hope that one day Matrix Repatterning will be routinely applied in hospital emergency departments.” Dr. Norman Doidge, MD Author: The Brain That Changes Itself and The Brain’s Way of Healing BUY 5 GET 1 FREE * Sectional Divided Design www.matrixrepatterning.com 135 SPARKS AVE (Victoria Park & Steeles East) Toronto, Ontario M2H 2S5 T:416-502-3700 F:416-502-2808 email: [email protected] www.canadianchiropractor.ca 905-836-WELL (9355) Toll-Free: 1-877-905-7684 [email protected] July/August 2015 Canadian Chiropractor 19
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