Toronto Employment Lawyer

Daniel Lublin, Employment Lawyer, in National Post

Rogers beverage service provider Aramark, has taken an official position that they will not reinstate legendary beer vendor, Wayne McMahon.

Click here for video highlights from Wayne's press conference yesterday, thanks to our friends at the Toronto Sun.

Or

Follow this link to the National Post's article on Wayne's story.

Daniel A. Lublin is an employment lawyer practicing in the law of wrongful dismissal.  He can be reached at dan@toronto-employmentlawyer.com or through his website www.toronto-employmentlawyer.com.

Employers limiting limitations; Where's the consideration?

American employers have begun to ask new employees to sign a waiver which effectively reduces the limitation period for employment law claims to 6 months after the loss.

Our friends at Law.com recently reported how DaimlerChrysler Corp. won a battle to enforce such an agreement. Mee Sanders was denied portions of her claim against her union and ex-employer because the Court ruled that Sanders waived her legal right to a 2 year limitation period when she applied for the position, thus reducing it to a 6 month limitation period.

The clause that Chrysler relied on, shown below, is brought to the attention of all applicants during the job application process.

In consideration of Chrysler's review of my application, I agree that any claim or lawsuit arising out of my employment with, or my application for employment with Chrysler Corporation or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. While I understand that the statute of limitations for claims arising out of an employment action may be longer than six (6) months, I agree to be bound by the six (6) month period of limitations set forth herein and I WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

In Canada the enforcement of a similar clause is doubtful.  Canadian courts will not enforce contractual clauses that provide employees with less than their statutory entitlement.  In other words, if the clause is viewed as illegal, it is void for public policy reasons. 

While Canadian employees can agree to limit their entitlements to less than they would receive had there been no clause in their contract, there are still various tests that must be met in order to enforce such a clause. 

Daniel A. Lublin is a Toronto Employment Lawyer practicing in the law of wrongful dismissal.  He can be reached at dan@toronto-employmentlawyer.com or visit www.toronto-employmentlawyer.com

PRESS RELEASE FOR THE "ICE COLD BEER GUY"

My office has now been advised by Mr. McMahon's former employer that it has completed its investigation into the matter and that it is not prepared to reinstate Mr. McMahon as an employee.  We find this decision truly regrettable, especially considering the overwhelming support that Mr. McMahon has received from the public, Toronto Blue Jays fans and the media. 

We would like to thank everyone who joined together in solidarity to support Mr. McMahon.  Their efforts have not gone unnoticed.

Although it was not our preference, Mr. McMahon and I will now consider his legal options with a view to a wrongful dismissal claim. 

Please contact my office for further information concerning this matter.  Mr. McMahon will be available for interviews, at my office, on Monday July 21, 2008. 

To view or join the official Petition, please click here.

Daniel A. Lublin is an employment lawyer practicing in the law of wrongful dismissal.  He can be reached at dan@toronto-employmentlawyer.com or through his website www.toronto-employmentlawyer.com. 

Ice..... Cold..... Employer?

The termination of a Toronto sports icon has fans, and his employment lawyer, crying foul.

Rogers Centre beer vendor, Wayne McMahon, also known as the "Ice.... Cold.... Beer Guy", was abruptly terminated last Tuesday, July 8th by Aramark, the Rogers Centre food and beverage service provider. The alleged cause for termination, serving alcohol to a 22 year old mystery shopper, without asking for I.D.  McMahon denies the incident, stating that he hadnt been offered an opportunity to learn of, or even dispute the allegations against him. 

Toronto sports fans have stepped up to the plate to back McMahon. A facebook petition has accumulated the support of nearly 3000 fans, calling for his reinstatement.  News articles about him have appeared in  Toronto newspapers such as the Globe & Mail and Toronto Sun.   McMahon's own website (http://www.icecoldbeer.biz) is currently down because it has received too many hits, exceeding the server's bandwidth allotment.

McMahon, whose unique sales pitch can be heard here, never had a poor performance review in his 7 year life as a beer hawker.  Daniel Lublin, who represents McMahon, has written to Aramark formally demanding his reinstatement.  If they disagree, McMahon will consider his options with a view to a wrongful dismissal claim. 

The law of dismissal requires that discipline be judged in relation to its severity.  In this case, McMahon's alleged actions would be balanced against his previous employment history, including his passing grade with previous mystery shoppers.   

For more information contact Daniel Lublin's office directly. 

Daniel A. Lublin is a Toronto Employment Lawyer focussing on the law of wrongful dismissal.  He can be reached at dan@toronto-employmentlawyer.com or visit www.toronto-employmentlawyer.com