Wrongful Dismissal Fast Facts | Employment Law Show TV – S5 E20

Episode Summary

WRONGFUL DISMISSAL FAST FACTS, pressured to retire, not recalled from a temporary layoff, and more on Season 5 Episode 20 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

Ongoing temporary layoffs

I’ve been on a layoff for months and expected to be recalled but there have been constant shifts. What do I do and how long do I have to wait?

Employees who have been temporarily laid off do not have to accept the layoff and can choose to treat it as a termination and pursue their severance entitlements. Employers do not have the right to temporarily lay off employees, despite COVID-19.

Segment starts at 1:55

CALL: Federally regulated employee terminated without severance

I was injured while employed by a federally regulated corporation and had to take time off work. The insurance company rejected my claim for long-term disability benefits, and I have now been fired without severance. Am I owed anything after 8 years of service?

If an employee is unable to work and they have their doctor’s support, they should contact a disability lawyer as an insurance company does not have the right to disregard that information. Employers cannot legally force an employee to return to work or terminate an employee on medical or disability leave, it is a human rights violation. Employees who are terminated without cause are also owed severance.

Segment starts at 4:38

Employer pressuring an employee to retire

The owner is asking me to retire at the age of 68 after 13 years with the company so they can reduce staff costs to weather COVID-19. If I don’t, they said they may have to fire me with two weeks’ notice. What are my rights?

Employers cannot demand employees resign, retire or be penalized due to their age as it is discriminatory and a human rights violation. There is no mandatory age requirement for retirement.

Segment starts at 8:07

Wrongful Dismissal: Fast Facts

1️⃣ A Wrongful Dismissal concerns your severance pay, not how or why you were let go

Many individuals assume wrongful dismissal concerns the reason for termination, however, this is untrue. Employees who are terminated without cause are owed their full severance.

Segment begins at 11:14

2️⃣ Wrongful Dismissals are quite common in Canada

A large number of employees across the country have not been offered their proper severance entitlements. Many employers are unaware of their employee’s full entitlements which are based on several factors, such as age, position and length of service.

Segment begins at 12:38

3️⃣ You have two years to do something about your wrongful dismissal

Severance deadlines are imposed by employers in order to pressure an employee to sign the termination release. Employees in fact have two years to pursue their severance entitlements after the initial termination.

Segment begins at 14:01

4️⃣ Wrongful Dismissal matters are not difficult to resolve

Wrongful dismissal cases typically resolve quickly and at times without legal action.

Segment begins at 15:38

5️⃣ An employment lawyer can determine if you have been wrongfully dismissed

Employment lawyers can inform individuals on their entitlements and what they are possibly owed.

Segment begins at 17:01

CALL: Independent contractor v. Employee

I know somebody who thinks they are a sub-contractor. How do we determine if they are a contractor or an employee?

Independent contractors or subcontractors do not work solely for a single employer and unlike an employee, can generate their own business as well as set their own schedules. Many independent contractors are misclassified and are in fact employees.

Segment starts at 18:11

CALL: Not recalled from a temporary layoff

I was temporarily laid off at the start of COVID-19. While others have been called back to work, I’m still waiting for that phone call from the company I’ve worked at for 18 years. At what point can I ask for my severance?

Employees do not have to accept a temporary layoff by their employer and can choose to treat the layoff as a termination. Employees can accept the layoff however doing so allows employers to temporarily lay off their employment again at a later date.

Segment starts at 21:46

Severance packages for executives

Are there separate legal rules or conditions on severance packages for C-suite employees and executives?

If an employee is in a unique position and very senior position, they are typically owed more severance as it will be more difficult for the employee to find a new position that is comparable. Severance includes all components of compensation such as salary, bonuses, stock options, pension plans, etc.

Segment starts at 24:46

Employee vacation requests denied

My boss is rejecting all of my vacation time requests, saying that he can’t accommodate them because of COVID-19. Isn’t it up to the employee to choose when they take time off?

Employers are within their rights to deny an employee’s request for vacation and can decide when an employee is permitted to take time off.

Segment starts at 26:45

NEXT EPISODE: Employment Law Show S5 E21 – You Are Still Owed Severance Pay If…

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