On Friday Afternoon, Frieda Was Told Not to Return to Work

question 151

Multiple Choice

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

• A) The amount of notice to be given her is limited to the employment contract.
• B) The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act (or Code).
• C) Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period.
• D) If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion.
• E) She can elect to have a notice period or to take money in lieu of notice.

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Definitions:

Non-working Spouse

A spouse who does not engage in regular paid employment outside the home.

Previously-taxed Dollars

Funds that have already been subject to taxation, not requiring further tax upon withdrawal or transfer.

Qualified Pension Plan

A retirement plan that meets the requirements of the Internal Revenue Code and ERISA, offering tax advantages to the employer and employee.

Nontaxable

refers to income or financial transactions that are not subject to tax by the government.