All Worked Up

Jill and Dana, who usually bring you legal insights and humour, are taking a much-needed break this week. However, we wouldn't want to leave you without your regular dose of valuable information and entertainment. In this episode, we revisit episode 10 where Jill and Dana shed light on the topic of workplace bullying and harassment, demystifying it for you.Jill and Dana talk about employee rights, power imbalances, inappropriate jokes, and mobbing. They explain the difference between harassment and bullying, and what employees can do if they are experiencing it in the workplace.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Get ready as Jill and Dana take an insightful overview of how Artificial Intelligence (A.I.) impacts employment. This episode is a must-listen for employees and employers alike, covering the latest trends and potential challenges in an automated world. From practical tips on staying ahead through continuous learning to the ethical side of A.I., Jill and Dana provide an informative discussion to help you navigate the ever-evolving world of work.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In this episode, Jill and Dana get into the implications that come with mass terminations. They touch on the intricacies of the employment standards act and how to navigate it as an employee. From specific rulings when there is a notice of termination, to issues involving mandates since COVID-19, the topic can be overwhelming for many. This episode is a great way to learn how to advocate for your job, especially if you have been affected by termination as a remote employee. As the employment standards act has not been revised since the pandemic, Jill and Dana stress the importance of seeking an employment lawyer if any specific issues come up that will affect your future.To listen to our episodes on Severance, part 1 and part 2To listent to our episode on Tech TerminationTo contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Join Jill and Dana as they dive into the topic of religious accommodations in the workplace. From the legal obligations of employers to the rights of employees, this podcast explores the intricacies of navigating religious accommodations in the workplace.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Who's ready for the Easter egg hunt?In this episode, Jill and Dana will be discussing the ins and outs of public holidays from the perspective of employment law. They'll provide valuable insights into what is required by law versus what is discretionary, as well as exploring common practices surrounding public holidays.With Easter approaching, they'll delve into the nuances of this particular holiday, including what is considered the norm and what employers are legally required to provide. They'll also discuss the legal requirements surrounding public holidays at both the federal and provincial levels.Stay until the end for a correction corner.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Jill and Dana are taking a well-deserved break this week, but we didn't want to leave you without your regular dose of legal insights and humour.This week  we revisit episode 2, in which Jill and Dana demystify the process of hiring a lawyer, making it easy for you to navigate the often-intimidating process. They take you through the various steps involved in hiring a lawyer, including conflict searches, retainers, and confidentiality.As an added bonus, Dana confirms the etymology of ‘Cone of Silence', while Jill and Dana also give us a glimpse into their stock market knowledge (or lack thereof!).To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In this week's episode, time off and vacation policies in the Employment Standard Act are broken down. Our hosts describe how these policies apply to employees and provide advice for employers when it comes to navigating staff vacation.Join Jill and Dana as they tackle the confusing world of time off and vacations. Whether you're planning a long trip to Bali or just need a mental health day, navigating the rules and regulations can be a real headache. That's why we're here to help! From dissecting the cool concept of "Unlimited PTO", to navigating the Employment Standard Act, we'll break it all down for you. To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In this episode, Jill and Dana offer tips for employees on what to do when a job offer is rescinded by the employer. The hosts discuss the common reasons why an employer might rescind an offer, as well as practical steps that the employee can take to manage the situation.Jill and Dana explain that an employer may need to rescind a job offer for various reasons, such as changes in business needs or the results of background checks or drug tests. They provide guidance on how employees can manage the situation professionally and with respect to the employer, to minimize any potential negative impact on their future career prospects. If you're an employee who has had a job offer rescinded, this episode is a must-listen!To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Jill and Dana demystify the stereotype of "the agressive lawyer" and how in most cases, it's not necessary.It's a common misconception that can make working with a lawyer seem like a daunting task. But the truth is, not all lawyers fit this stereotype. We believe that being aggressive isn't always the best way to get results or be an effective advocate for our clients. Join us as we explore this topic and share our thoughts.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Our reason to be All Worked Up this week? When employers change or implement new contract for their current employees.Are you feeling blindsided by your employer changing your contract while you're already on the job?  Don't let contract changes catch you off guard! Dana and Jill share tips on navigating this tricky situation, from negotiation tactics to legal options, we've got you covered.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week we delve into the world of tech worker layoffs. The COVID-19 pandemic, economic instability, and shifting market demands have all played a role in reshaping the workforce, and the digital product industry has been particularly affected. With many tech companies restructuring and downsizing, it's more important than ever for employees to understand their legal rights when it comes to losing their jobs. Jill and Dana provide a refresher on termination basics such as minimum entitlements, notice periods, and employment contracts, as well as factors unique to tech industry workers.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week we are talking all about co-worker crushes, office ooh-la-las, and workplace woos. That's right, we dive into the legal side of workplace relationships. While office romances are not inherently prohibited, things can get tricky when we consider factors such as power imbalances, consent, favouritism and more. Our hosts discuss how workplace some important employment law rules for both employers and managers when it comes to navigating relationships at work.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week we are talking about another important topic that at first glance sounds extremely boring: structuring settlements. We know, you are on the edge of your seat. In employment law, settlements (not to be confused with severance packages) usually occur when an employee is fired and then makes some kind of claim of wrongdoing against their employer for damages. Jill and Dana discuss all of the different elements that can go into an employment law settlement, give several examples of how the situation might play out, and explain tax implications of having a settlement paid our in different ways.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week we are SO excited to welcome a very special guest to All Worked Up, John Westdal! John is a former employment lawyer and currently one of Ottawa's top employment mediators. In this episode, our hosts pick John's brain and talk all about the process where two sides meet and try to resolve their dispute with the help of a neutral third party. John eloquently guides us through all the ins and outs of this dispute resolution technique from a mediator's perspective including each step of the process, how long it can take, objectives of parties involved, and the pros and cons of virtual vs. in-person mediations. To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Folks, cold and flu season is officially in full swing, which means employees are using up their sick days left right and centre. In this episode, Jill and Dana talk all about employee rights and employer responsibilities when it comes to being under the weather in the workplace. Our hosts discuss sick days, accommodation, doctor's notes, absenteeism and how the usage of sick days has shifted with many businesses moving to hybrid and remote office models.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In Episode 29 our hosts talk all about best practices for both employers and employees to have a safe, responsible, and enjoyable office party.It's a double-episode week as we head in the holiday season! This time of year is full of work get-togethers. Sometimes at work parties, especially when alcohol is involved, things can go awry. To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

On this week's extra special holiday feature of All Worked Up, Jill and Dana take a look at a holiday classic through the lens of employment law: Love Actually. A movie full of workplace relationships, power imbalances, and hiring and firings, it's no surprise that our hosts have a lot of talk about. Dana tests her memorization of her favourite holiday movie as we cover everything from “pipes” to Colin Frissel.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

 What's got us all worked up this week? Recording conversations in the workplace of course!While it can be tempting to have proof of certain conversations to support one's case in the context of employment law, especially when it comes to claims of harassment or toxic workplaces, taking this step is not always beneficial. Listen as Jill and Dana discuss rules, situational examples, and consequences of recording spoken exchanges at work.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week we are talking all about Just Cause dismissals - not to be confused with being terminated "just cuz". In reality, it is pretty rare to be terminated for cause, i.e a clear reason, in the workplace. But in cases when an employees behaviour is problematic enough, the employer actually has the duty to end their employment as soon as possible. Jill and Dana discuss examples of Just Cause dismissals, and what the consequences of this category of termination have on severance entitlements.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week our hosts talk all about electronic device monitoring in the workplace. Bill 28, passed last year, introduced the requirement for employers with over 25 employees to disclose their electronic monitoring (or lack thereof) to their staff in a written policy. Policies had to have been written by October 11th, and officially provided to employees within 30 days. This new requirement understandably has brought forward many questions from both perspectives, and Jill and Dana dive into all the nitty gritty details.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Going through the process of applying for long-term disability can be really overwhelming. In this week's "All Worked Up" we share some important key points you should follow when going onto LTD. What is long-term disability and how does it work? Having LTD as part of your employment package is incredibly valuable. Learn about everything you should know before applying for LTD to ensure your claim is approved.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Welcome to our spooookiest yet! On this special Halloween edition of All Worked Up, Jill and Dana both tell their scariest cautionary tales of employment law. We start out tense as Jill confronts Dana about forgetting her costume, but the two reconcile and continue on.  Our hosts discuss their spookiest employee and employer-side stories, while testing the limits of how long one can maintain a Dracula voice.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, we're talking all about an important element of employment law: short-term disability (STD). Jill tries her best not to giggle at unfortunate acronyms. Often referred to as “stress leave”, short-term disability allows employees to take a temporary leave from their job if they are unable to work, for a variety of reasons. Our hosts discuss examples of situations in which employees might need to access the benefit, how specific workplaces policies can interact with STD, and the process of applying for STD. To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. 

Our much-awaited topic is here! In episode 21 , our hosts break down the somewhat abstract legal definition of constructive into dismissal into terms real humans can understand. Constructive dismissal can take many forms, and sometimes it's hard to tell if it applies to your situation.  Jill and Dana give examples of what constructive dismissal can look like, legal recourse, and what kind of entitlements are available if it's happening to you.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week. Jill and Dana tackle the newly-popularized-by-Tik Tok concept of quiet quitting". Jill and Dana start our by addressing the elephant in the room and admitting they are indeed NOT cool Tik-tokers. Listen as they break down the idea of quiet quitting in the context of employment law, diving into rules about overtime, change of duties, insubordination, and the right to disconnect.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, Jill and Dana tackle another hot topic as they discuss employment rights around returning to the office after working remotely. As an employer, can I force my staff back to the office? As an employee, if I'm more productive at home, can I be forced back into the office? Our hosts address issues around the return to work from both perspectives including accommodation, family status, contracts, and of course, hard pants.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In Episode 18, our hosts demystify employment law litigation - a.k.a going through a dispute. Rest assured, It's not as scary as it sounds! Jill and Dana explain the road map that leads to litigation in the context of employment law, while also fulfilling their lawyerly of declaring Legally Blonde the ultimate resource of legal knowledge.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. 

This week our hosts dive into one of the biggest trending employment law topics: vaccination mandates. They discuss how vaccination policies have changed over the course of the pandemic, and what happens to employees who were temporarily suspended when their employer lifts the vaccination mandate, including within the federal public service. To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In episode 16, our hosts take a trip to mitigation station. Mitigation is a term used all the time in employment law - but what the heck does it mean? Jill and Dana explain the principle of the "duty to mitigate", or in other words, the duty for employees to minimize their losses if they've been terminated.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

The right to disconnect is here! Well, sort of. This week, Jill and Dana discuss Ontario's recent implementation of Bill 27: Working for Workers Act, requiring employers with over 25 staff members to have a written policy outlining employees' right to disconnect. They talk workplace policies, burnout, and what these new rules mean for both employers and employees.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, releases have got Jill and Dana are all worked up. Typically presented at the end of all the nitty gritty details and negotiations of a workplace exit, releases have the power to induce panic for clients. Our hosts break down exactly what they are, what they mean, and implications of signing them.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

In the series finale of our workplace investigations series, Jill and Dana explain the process will look like for the respondent. They elaborate on how power imbalances, credibility, and intent all come into play in investigations. and how an employment lawyer can help you understand your rights.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, our workplace investigation series continues with Part 2. Jill and Dana talk workplace investigations from the perspective of the complainant. They know how tough it can be for employees to take the step and bring forward a harassment complaint, and they explain exactly what a complainant can expect throughout the process. They give the expert legal opinion of: Can you be punished for bringing a complaint in the workplace? No way, José!To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Folks, hold on tight because we've got another series for you. Move over, Bridgerton (again). This week, Jill and Dana kick off Part 1 of Workplace Investigations, specifically in the eyes of an employer. They define what a workplace means in the context of an investigation and who you can hire to conduct an investigation.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, workplace bullying and harassment understandably have our hosts All Worked Up. Jill and Dana talk about employee rights, power imbalances, inappropriate jokes, and mobbing. They explain the difference between harassment and bullying, and what employees can do if they are experiencing it in the workplace.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

 We start out with a good old-fashioned pop quiz on protected grounds in Ontario. JIll and Dana explain what discrimination can look like, how it is not necessarily just being treated differently, and steps to take if you are experiencing discrimination in the workplace.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

This week, JIll and Dana tackle Jill's favourite topic of ALL time: common law reasonable notice periods.We get to hear Dana's attempt at an English accent early on. They dive into all that extra stuff one may be entitled to when they're let go, after the minimum is covered. They explain the history common law, and how it helps employment lawyers negotiate more for their clients.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.  

Jill and Dana talk cold hard cash (among other things!) in Part 1 of Severance Entitlements. They break down minimum severance entitlements from the ESA and Canada Labour Code for employees let go without cause. The chat notice periods, benefits, vacation pay, and considerations for private sector employees, unionized workers, or federally regulated employees.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

To wrap up part 3 of our contract series, Jill and Dana cover "the rest". They talk about clauses to keep an eye on in employment contracts like probation, entire agreement, vacation, compensation, overtime and more.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Continuing their 3-part series on contracts, Jill and Dana discuss post-employment obligations, i.e any requirement that applies to you after your employment contract is over. They talk non-competes, non-solicits, NDAs, and working on the moon.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Move over Bridgerton, the next must-watch series is here! This week, Jill and Dana kick off a 3-part series on Contracts 101 with Termination Clauses. They admit that while the concept of termination clauses may be a perfect recipe for a nap, it's still an incredibly important part of one's employment contract, outlining what you are entitled to if you're terminated at work.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law SectionThis content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Meeting a lawyer for the first time can be intimidating, but fear not! Jill and Dana demystify the process of hiring a lawyer. They break down conflict searches, retainers, and confidentiality. Dana confirms the etymology of ‘Cone of Silence', Jill and Dana may or may not need a refresher on stocks.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law Section This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Jill and Dana discuss what to keep in mind when starting a new job. They talk about contract negotiations, risk management, and non-competition clauses. They realize employment law might have magic number, as a new "Big 3" comes to light. They explain which details a lawyers can help flag in an employment contract to make sure you are protected.

What the heck is employment law? What's the difference between an employment lawyer and a labour lawyer? When should I call a lawyer? Jill and Dana kick off All Worked Up with employment law basics, "The Big 3", and unavoidable acronyms.To contact Jill LewisTo contact Dana DuPerronTo visit Nelligan's Employment Law Section  This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations.

Two lawyers break down everything there is to know about employment law. Join Jill Lewis and Dana Du Perron for bi-weekly release!Podcast produced by: Nelligan Law