Does your organization provide equity compensation to employees? Stock options, restricted stock units, stock purchase plans, and performance shares are just some of the possibilities. Whatever the form, equity compensation has grown increasingly popular. This fact has also spurred greater employment litigation concerning equity entitlements.
Ontario employees who lose their job are required to take reasonable steps to replace their lost income. Severance is intended to bridge the gap while an individual is out of work, and there is a legal requirement that, where possible, a person take all reasonable steps to stem the flow of their losses.
What is sometimes forgotten is that the duty to accommodate has both procedural and substantive aspects. This means that it is not enough for an employer to arrive at the right result. The process in getting there is just as important.