Can My Employer… | Employment Law Show TV – S4 E5

Episode Summary

Employment Law questions that have people asking “CAN MY EMPLOYER…”, workplace sexual harassment, firing and rehiring, and more on Season 4 Episode 5 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employee fired after making harassment complaint

I filed a formal sexual harassment complaint with HR about my coworker at a car dealership. I was called into a meeting a few weeks later and fired her “for cause” from my job. The company claimed it wasn’t related to my harassment complaint.

The company was looking for an excuse to let you go because they’re upset that you filed a harassment complaint. That is illegal. Letting you go for cause is also nonsense. You did the right thing here. Once you file a complaint of harassment, your employer is under a legal obligation to investigate and to try to fix the problem. They cannot punish or terminate you. You cannot be punished for filing a harassment complaint. This is a wrongful dismissal and a human rights violation.

Were you terminated for cause? Use our Pocket Employment Lawyer to find out if it was legitimate.

Segment starts at 1:43

CALL: Asked to sign new employment contract

My employer wants to put all of us on employment contracts because we are being “rehired” by the company. I have worked for them for 20 years. How will this contract affect my seniority and severance pay? Do I have to sign it?

What your employer is doing is nonsense. You don’t get rehired by a company twenty years in because they want you to sign a new employment contract. It doesn’t work that way. You should not sign an agreement like this. It is going to provide negative restrictions for you. If your employer presents you with a new contract, there is no good reason. You also can’t lose your years of service because you sign a new contract. Nevertheless, don’t sign the new contract.

Segment starts at 5:40

Employee on long-term disability given ultimatum

I was on long-term disability due to illness for nearly 2 years when the insurance company decided to cut me off because they said I wasn’t “totally disabled.” My doctor has no idea why they would say that because I still can’t work. When I updated my boss, she said I need to return to work in 2 weeks or she will have to let me go. What should I do?

What insurance companies often do is cut off an individual’s long-term disability benefits at the two-year mark. But if your doctor says you cannot work, it’s improper for the insurance company to cut you off. One thing you can do if your insurance company is threatening to cut you off is go to Pocket Employment Lawyer and find out what to do. According to that, you’re owed compensation.

Segment starts at 9:57

Can My Employer…

1️⃣ Can my employer let me go for no good reason?

An employer can let you go for no good reason, as long as it’s not discrimination, and they pay you the proper severance. If they let you go without the right amount of severance, that’s a wrongful dismissal.

Segment starts at 13:55

2️⃣ Can my employer make me work overtime hours?

It depends. If you haven’t worked regular overtime hours, your employer can’t change the terms of your employment and expect you to work overtime. If your employer asks, you can say no, and they can’t discipline you for it.

On the other hand, if you have a history of working overtime hours, then yes, your employer can expect for that to continue. If you don’t want to work overtime, you don’t want to set that precedent.

Segment starts at 15:12

3️⃣ Can my employer make me come back to work contrary to my doctor’s opinion?

Absolutely not. Only your doctor can decide if you are able to work. Your employer can’t make you work, threaten you, assume you’ve resigned, or ask what your medical condition is. If you’ve provided a doctor’s note, your employer cannot make you come back to work.

Segment starts at 16:37

4️⃣ Can my employer give me a different job?

If there is only a slight change in your duties, your employer might be able to do that. But if your duties change drastically, or you receive a demotion, your employer can’t do that. That’s a constructive dismissal, and you’re owed severance.

Segment starts at 17:32

5️⃣ Can my employer close down shop and avoid paying me severance?

Absolutely not. Only if a company is officially bankrupt can it avoid paying employees their full entitlements. If you’re let go and the company says they’re not paying you, reach out to us. Act quickly, before any money the company has disappears.

Segment starts at 18:09

6️⃣ Can my employer prevent me from working for a competitor?

For most people, agreeing to a non-competition obligation is not going to be enforceable. The real question is, what is the employer going to try to do? Will they try to take legal action against you because you work for a competitor, will they try to make your life miserable? You have to take non-competition clauses seriously, and speak to an employment lawyer.

Segment starts at 19:07

CALL: Employee offered 2 weeks’ pay

I was let go without a reason from my job in customer service after 3 years. They simply said that they had to let me go. I was given a release form and offered 2 weeks’ pay. Am I owed any more severance pay?

This is a common situation, where an employee is let go, even though the employee did nothing wrong, however, she is owed severance. We can use the Severance Pay Calculator to determine how much you’re owed, and according to that, you’re owed 3 months’ pay.

Segment starts at 20:36

CALL: Severance pay for long-service employees

I have just been let go due to restructuring. For the past 18 years I have helped grow the business as the Director of Operations. I was offered 18 weeks of pay as severance. Is that a fair severance package?

According to the Severance Pay Calculator you would be owed 18-24 months’ pay in severance. Since you were offered less, you have likely been wrongfully dismissed.

Segment starts at 24:20

Employee put on a temporary layoff

I have been an hourly worker for almost two years. Yesterday my manager said they’re laying me off temporarily due to slow business. When I protested, he said that I had no choice but to accept it because I was an hourly worker and he was within his rights. Is that correct?

He is not correct. When it comes to temporary layoffs, in most cases, employers do not have the right to lay an employee off temporarily. It does not matter if the employee is hourly, salaried, full-time, or part-time. A temporary layoff in most situations is a termination. This means if an employer does it, you can treat it as a termination and leave with your full severance. Unfortunately, if you accept a temporary layoff, you may have given your employer the right to do it again.

Segment starts at 26:25

Next Episode: Employment Law Show S4 E6 – Maternity Leave & Paternity Leave Rights

Previous Episode: Employment Law Show S4 E4 – Performance Improvement Plans