Kevin Marshall @KMLegalHelp

Over 20 years of helping business owners and employees win legal battles involving employment, layoffs, disability, sexual assault, personal injury and more. kmlawyer.ca Toronto, Canada Joined May 2018

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Kevin Marshall @KMLegalHelp

5 years ago

Check out Kevin Marshall on Google! g.page/r/CSBelpuO70Va…

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Kevin Marshall @KMLegalHelp

5 years ago

Stay safe and stay warm

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Kevin Marshall @KMLegalHelp

5 years ago

This is one of the best explained article on the transition of CERB: ow.ly/QG6x50BEqUX

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Kevin Marshall @KMLegalHelp

5 years ago

... tell your boss you must be home twice a week on those same days. Be sure to mention that the government has left you no other choice. Good luck!

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Kevin Marshall @KMLegalHelp

5 years ago

... if (and only if) there are no other options regarding your young children. But first look into these options: grandparents, a trusted friend, etc. Second, expect that your company is following what the government is mandating. If your children must be home twice a week, ...

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Kevin Marshall @KMLegalHelp

5 years ago

Employees with children returning to school: The law is not entirely clear since the politicians, who create the law, are not entirely clear. That said, know this: First, your boss must accommodate your childcare duties. That may mean he/she must let you work from home ...

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Kevin Marshall @KMLegalHelp

5 years ago

Lay-offs: Many workers are being called back to work. For those who have not, you have a third option to finding another job or hoping you finally get called back: Pursuing a constructive dismissal claim. If you delay, you may be deemed to have accepted the status quo.

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Kevin Marshall @KMLegalHelp

5 years ago

... in kmlawyer.ca. And give me a call, text, tweet or email. This is can get very tricky. Good luck.

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Kevin Marshall @KMLegalHelp

5 years ago

Can you retain worker and pay them less? Yes, if they consent - in writing. If not, watch out - this is a landmine: You would be wise to give notice of termination for the appropriate notice period, coupled with an offer of re-employment. Also check out FAQs in ...

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Kevin Marshall @KMLegalHelp

5 years ago

For further details on this and related topics, see kmlawyer.ca/faq/employer-l….

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Kevin Marshall @KMLegalHelp

5 years ago

... the worker received now, but not what he could receive in the future. Coupled with the Waksdale decision, this effectively puts employers in an impossible situation. At most 5% of termination clauses in employment contracts are compliant with court rulings ...

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Kevin Marshall @KMLegalHelp

5 years ago

Second recent decision re termination clauses: Rutledge v. Canaan Construction Inc. Here the termination clause was struck down as failing to reflect future changes in the workplace that would entitle the worker higher amounts under the ESA. The clause accurately reflected ...

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Kevin Marshall @KMLegalHelp

5 years ago

... terminations with cause. But Waksdale was terminated without cause! The court requires the entire termination clause to conform to the ESA; if not, employers may have to pay vast amounts to workers well beyond the modest amounts originally envisioned in the employment K.

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Kevin Marshall @KMLegalHelp

5 years ago

Two recent court decisions regarding employment contracts ruled against employers re termination clauses. In Waksdale v. Swegon Inc., a portion of the termination clause was struck down as not complying with the Employment Standards Act, 2000. This portion related to ...

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Kevin Marshall @KMLegalHelp

5 years ago

... and ask your boss if you still have a job. If not, start looking - now. Be creative: stay away from sectors of the economy that were hit hard by the pandemic; some were not, and some have actually benefitted. Do your research. Good luck!

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Kevin Marshall @KMLegalHelp

5 years ago

CERB benefits: As of June 2, these have been extended by another 8 weeks - which means until August 27. But a reckoning is coming: business hates them and the government is looking to rid themselves of them. If you receive them, remember the tax hit that is coming ...

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Kevin Marshall @KMLegalHelp

5 years ago

Employees re Toronto mask rule: Not only will you need to wear the mask yourself, now you need to make sure your customers do as well. It stinks. But it gives you a great excuse to ask your most annoying customers to leave. Use the opportunity!

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Kevin Marshall @KMLegalHelp

5 years ago

... If you get pushback from customers, tell them this is a City rule, not your rule. Then ask them how you can help them - and/or how you are enjoying the sunny weather!

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Kevin Marshall @KMLegalHelp

5 years ago

Welcome to my Twitter account - focusing on employment law and coping with the pandemic. The City of Toronto has made masks mandatory in businesses, effective July 7. Employers: If you get pushback from customers, choose your fights ...