Performance Improvement Plans (PIPs) Info

Have you been put on a performance improvement plan (PIP) by your employer?

What Is A Performance Improvement Plan (PIP)?

A PIP can be a genuine way for an employer to help a struggling employee to improve his or her performance. A PIP may also signify the beginning of the end of the employment relationship. Often times the employer may be implementing a PIP in order to create a paper trail or frustrate the employee so that he or she ends up quitting.

An employee should do everything they can to understand the PIP and, where necessary, challenge elements of the PIP that they disagree with (which should be documented in writing).

“With Cause” Terminations

If an employer intends on terminating an employee “with cause” on the basis of poor performance, thereby resulting in them receiving no severance package and possibly rendering them ineligible for employment insurance benefits, the employer will be required to demonstrate they put the employee through a progressive disciplinary structure prior to termination. This should typically start with a verbal warning, following by a written warning, followed by a suspension before actual termination.

Termination With Cause Process - KCY at LAW

Performance Improvement Plans Advice For Employers

The employer should ensure that expectations or goals stated in the PIP are objective and measurable. Subjective goals or objectives are much more likely to be scrutinized by the employee’s lawyer and the Court. Furthermore, if the objectives or expectations set by the employer are realistically unachievable, they could find themselves at risk of facing additional punitive damages for bad faith.

Performance Improvement Plans (PIPs) Advice for Employers - KCY at LAW

Performance Improvement Plans Expertise

Whether you are an employer looking to place an employee on a PIP or you are an employee recently provided with a PIP by your employer, it is crucial to consult with a lawyer in order to ensure that your rights are protected. We at KCY at LAW have the experience and employment law expertise necessary to effectively assist both employers and employees in these situations.

Contact KCY at LAW right now at 905-639-0999 or contact us online to book a consultation!

Winter Road Authority Cases

In the winter months, individuals do their best to adapt to the road’s uncertain and precarious wintry conditions. Depending on the maintenance of travelled roads and the ever-changing climate, drivers undergo a journey that requires concentration, awareness, preparedness and a ready-for-anything type attitude.

Unlike a regular motor vehicle accident case, a road authority case involves a number of documents that are unique to those cases. These documents, however, are crucial to proving your case and getting the compensation you deserve.

Winter Road Authority Cases – Documents Required

Winter Road Authority Cases Ontario - Documents Required - KCY at LAWExamples of such documents include the following:

  • Contracts/agreements between the various road authorities;
  • Insurance policies;
  • Winter control manuals/logs;
  • Daily patrol logs;
  • Documentation regarding weather data;
  • Winter training manuals;
  • Documentation regarding maintenance operating instructions;
  • Email correspondence between the various road authorities with respect to road maintenance issues; and
  • Budgetary documentation from the various road authorities.

It is also important to review the applicable municipal legislation and by-laws as they relate to road maintenance services, as well as any “minimum maintenance standards” regulations in effect at the time of the accident.

Winter Road Authority Case Expertise

These are just a few of the considerations that need to be thought of in order to build a successful road authority claim. Regardless of the considerations above, all drivers must still remain focused and alert to what lies on the road ahead.

Winter Road Authority Cases Ontario - KCY at LAW

If you have a motor vehicle case that involves one or more road authorities, KCY at LAW has the experience and expertise necessary to effectively handle your claim. We have a proven track record when it comes to cases involving road authorities (see the case of Giuliani v. Region of Halton, 2010 ONSC 4630).

Contact KCY at LAW today at 905-639-0999 or online to book a FREE consultation!

Common Traffic Injuries – The New Regime in Ontario

In the wake of the new proposed guidelines by the Ontario government, “common traffic injuries” (CTI) will be the new collective term to encompass injuries with recovery times ranging from a few days to a few months. This new regime is expected to impact approximately 60,000 Ontarians each year. Included in this definition will be all of the injuries that previously fell within the Minor Injury Guideline with the addition of minor head injuries.

Injuries are categorized into three categories: Type I, Type II, or Type III injuries. These categories are further divided by phase: Recent (zero to three months post-collision) or Persistent (four to six months post-collision).

Common Traffic Injuries : Concerns About The New Regime

One concern is that under this regime, injured individuals will require a physician or nurse practitioner to provide substantial evidence as to why the individual’s injuries should exclude them from the CTI, which will prevent a large percentage of those injured in an accident from obtaining the medical and rehabilitative treatment they require. The substantial evidence that will be required must reveal a neurological disorder, psychosis, or severe PTSD or a severe pathology. Another concern with the proposed guidelines is that those who are allowed to commence and coordinate the goods and services under CTI constitute a very small group of individuals. Excluded from this group are occupational therapists, speech pathologists, and psychologists, all of whom regularly treat those injured following a motor vehicle accident.

Changes To Common Traffic Injuries Regime Ontario - KCY at LAW Personal Injury Lawyers

As a result of the proposed guidelines, the Ontario Trial Lawyers’ Association (OTLA) estimates that treatment costs under one of the CTI guidelines will be approximately $1,000 whereas prior to 2010 most injured individuals had $100,000 available to them through their automobile insurer for medical and rehabilitative treatment.

Motor Vehicle Accident Advice

If you have been injured due to a motor vehicle accident and are unsure as to what benefits your automobile insurer can provide, or what compensation you are reasonably entitled to for your pain and suffering, income loss, and/or future medical treatment, KCY at LAW has the experience and expertise necessary to effectively handle your motor vehicle accident claim.

Contact KCY at LAW today at 905-639-0999 or online to book a FREE consultation!