Probation Period in Wrongful Dismissal Not as Strong As You Think

probationary employee

A word of caution to employers and employment lawyers. A probation clause in an employment contract may not be enough to avoid liability for wrongful dismisal damages even if the dismissal occurs during the probationary period. Check out this article on an Ontario Small Claims Court’s wrongful dismissal ruling courtesy of the Toronto Star.

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Starting the year with a bang

fart

It’s been a while since we updated the blog.  So what better way to breath some fresh air into our blog by posting about a man reprimanded for flatulence.  The Smoking Gun reports that a Social Security Administration (yes, that reads ASS backwards) has withdrawn a reprimand issued to a worker for excessive flatulence.  Now that’s a hoot.  Apparently, the man had never seen the inside of a bathroom and had been passing gas as much as 9 times a day.  And those are only the non SBDs (silent, but deadly) that were attributed to this fellow.

The Smoking Gun (talk about a great name for a website reporting such a story) reports that after the SSA got wind of the situation, it thought the reprimand smelled of bad taste and raised a stink with the reprimanding manager which subsequently resulted in a withdrawal of the reprimand.   So far, there has been no charge of ASSault with a deadly weapon, and the employee looks forward to putting the matter behind him.

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Thank you to the Human Rights Legal Support Centre

Shout out to Jennifer Ramsay of the Human Rights Legal Support Centre for contacting me to clarify an issue in a previous article on wrongful dismissal concerning maternity.  Much appreciated!

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What Is A Case Management System?

If you’ve heard or read the term “case management system” and wondered what it was or if it could benefit you and your legal firm, you’ll be pleased to know that its virtues are many. For instance, when used properly, case management software will improve your efficiency, keep everyone in the loop and up-to-date on the latest information, and will enable your law office to have case by case data at the click of a button (or mouse).

If convenience and efficiency are important to you, you’ll be happy to know that case management software will enable your law office to avoid searching for physical files each time a client phones with questions, thereby eliminating the need for callbacks. And as an added benefit, since clients feel well cared for, client retention increases and your practice expands.

Basically, high quality case management systems are built for large and small law firm management for maintenance of detailed information on cases from a central database. These software systems allow you to track, route and resolve customer support issues easily and quickly – at any time of day or night and from any location.

You see, with a complete view of all your practice’s related information from a web-based case management system using Outlook for email and your favorite browser of choice, you can access your client files via a secure connection. No need to be concerned with software installation or maintenance on a network.

You’d be hard pressed to find businesses or individuals who aren’t using or at least familiar with Outlook email software as your law firm may already use it on a daily basis for communication with clients, opposing attorneys and other case related and business correspondence.

A comprehensive software system should include these key features:

Centralized Database

Complete Customer Relationship Management (CRM)

Outlook and Office Integration

Court Forms Merging

Faxing Capability

Law Practice Management

Mobile Integration

Time and Billing (With calendar scheduling and appointments)

For example, when you need contact information for a client or other business associate all you should be able to do is open Outlook where you’ll see an overview of address and phone number data, but also see integrated any correspondence sent, pre trial information, court case dates, witnesses, billing and any other activities or actions that are connected to an individual or case matter. Each step is recorded in the history of that particular file and logged in real-time.

Whether you are a single attorney looking to increase productivity or a law firm focusing on Customer Management (CRM), making use of a reliable legal case management software system that is both feature rich and easy to use will make your life easier, give you peace of mind, triple your operation efficiency and increase your profits.

This is guest post by Syd Irfan – Click here for the website. We do not necessarily endorse the views expressed above.

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Small Claims Court Lawsuit against Honda Goes Viral

small claims court viral

In a sign of the times, a woman’s legal battle has gone viral.  Heather Peters, a California woman, has chosen to sue Honda in Small Claims Court rather than by class action.  Beginning with a press release on her website, www.dontsettlewithhonda.org, the Associated Press has since picked up the story as well as Omar Ha-Redeye of Slaw.

As the proliferation of internet and social media increases, the legal community will continue to be impacted. This is further proof that Small Claims Court is as exciting and dynamic as ever and seen as a very real legal forum for resolving disputes.

I wonder how this will impact the class proceedings landscape in Ontario?

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Christmas Spirit and Small Claims Court

Hannukah

Q. Do you still get lots of emails at the Christmas season?  If you do, that’s sad.  Can’t we all just get along, especially this time of the year!

I assume your question is intended as rhetorical, and I appreciate the sentiment.  The reality, of course, is that many, if not most, people who sue in Small Claims Court, do so because they have no other choice and are at their last resort to try and collect money owed.  However, your question does raise an interesting discussion on steps we can take to avoid unnecessary litigation, and particularly within one’s circle of family and friends.

Document everything in writing.

Communication often becomes miscommunication because one or both of the parties failed to set out the terms of an understanding in writing.  All too often the common phrase I hear from clients is, “I never thought this would go to court and so I didn’t document anything”.  This is not an excuse, and in fact, if you think about it, probably none of the people you bump into in court ever thought that they too would one day be suing or sued over a bad business or personal relationship.  The easiest time to put something in writing is when the relationship between parties is positive.  Get into this habit.

Avoid business with family and friends.

Unfortunately, arrangements such as a neighbor-turned-contractor or brother-in-law-turned plumber, often end in dispute.  In such case, not only do you have 1 party suffering damages, but you also have a family or friendship destroyed in the process.  Remember, in litigation, witnesses are often needed and there can be nothing more divisive than when friends and family members have to take sides.   I understand that sometimes there is no way out of doing business with family and friends, and if such is the case, then see the above section regarding getting everything in writing. But if you can avoid business dealings with family and friends altogether, then even better.

Avoid conveying anger.

There is virtually nothing that escalates a fight more than anger.  The best way to try and defuse a touchy situation is by presenting your views to the disputing party calmly.  Yes, it is unbelievable that the person you trusted last year is, in your view, completely distorting the truth. But you are not staying calm for his benefit, rather for yours.  The reality is that if a dispute goes to court, there is a possibility you may not win, or you may win but not be able to collect, etc.  Staying calm will result in better prospects of resolving your differences early on and avoiding costly and time-consuming litigation down the road.

It is unfortunate when you see two parties fighting it out any time of the year, and particularly during the holiday season.  That said, I cannot blame one party for suing another at any time, if he feels he has a legitimate claim and is owed money.  But, we can do our utmost to avoid such claims to the extent possible by taking the necessary proactive and preventative measures.

Wishing all our readers a happy and healthy holiday season.

The information herein should not be taken as legal advice and may have been changed since published. Do not treat information provided in the article as a recommendation to act or refrain from taking action, or as legal advice. The information provided is not a substitute for the assistance of a licensed legal adviser.

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