5 Workplace myths that need to be banished | Employment Law Show TV – S6 E09

Episode Summary

5 WORKPLACE MYTHS THAT NEED TO BE BANISHED, fired for performance, considered an independent contractor, and more on Season 6 Episode 09 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

Employment Insurance and Vaccine Policies

If I don’t get a vaccine and I lose my job do I still get employment insurance?

• Vaccination status of employees: Employees are not entitled to severance or employment insurance if they are terminated for cause. In most cases, employees who are terminated as a result of their vaccination status will be owed severance as they should not be terminated for cause as well as employment insurance. In many cases, employers might provide employees with a record of employment that states they were terminated for cause. Employees in this situation should contact an employment lawyer as soon as possible.

Let go after being offered a remote work option in a part-time role

I was working part-time for a company for nearly 4 years. While I was originally given the option to work out of the office or from home, the vice-president decided instead to let me go, without severance. I’m in my 70s.

• Remote work arrangements: Many employees are unaware of the fact that part-time employees are still owed severance entitlements. Employers are permitted to let employees go for any reason other than discriminatory reasons, as long as adequate severance is offered.

The worried manager is getting ready to fire for cause due to performance

My manager’s behaviour has rapidly deteriorated over the last few months. He’s started accusing me of failing to finish my work on time, which isn’t true. I am extremely stressed right now. What should I do?

• Terminated “for cause”: Employees who are worried that their employer is building a case against them should communicate in writing the incidents and behaviour in question. Employees who do not agree with the criticism can voice their disapproval and ensure there is a written record. It is important for employees to have documentation that disputes an employer’s critique and the case for a termination for cause. It is also important to remember that all employees are entitled to a safe and harassment-free workplace. Employers are obligated to investigate and resolve all complaints of harassment and abuse.
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    Employment Law Show – Performance Improvement Plan

5 Workplace myths that need to be banished

• Your employer can make changes to your job: Employers do not have the right to impose significant changes to the terms of employment without an employee’s consent. Major changes can include a demotion, reduction in pay, relocation, etc. Employees who have had significant changes to the terms of their position can treat their position as termination as it is constructive dismissal.
• Not giving time off work or accommodation because of illness or injury: Employers have a duty to accommodate employees who have an illness or disability up until the point of undue hardship. Employees should speak to their doctors in order to determine what accommodations are required. Employers who refuse to accommodate their employees could face potential human rights damages.
• No severance package due to mistakes made: Employees are not entitled to severance if they have been terminated for cause however, it is very difficult to terminate an employee for cause. For-cause terminations are typically a result of serious misconduct exhibited by an employee and are very difficult to prove.
• Your employer only needs to give you a few weeks of pay: Generally, employers and many employees believe they are owed much less severance than they are actually entitled to. Severance is based on numerous factors, particularly the age of the employee, the length of employment as well as the position.
  • LEARN MORE ABOUT SEVERANCE PACKAGES
    Maximum Severance Pay in Ontario
    B.C Severance Entitlements
    Severance provided in Alberta
• It’s better to resign than get fired: Employees who have resigned are not entitled to severance or employment insurance. Unless an employee wishes to begin new employment, it is not in an employee’s best interest to resign.

Considered an independent contractor while a shop manager and fired

I was working as a shop manager when I was terminated by my employer. I was an independent contractor working on an hourly basis with an open contract. Am I owed any severance entitlements?

• Misclassified employees: Many individuals are often misclassified as independent contractors by their employers when they are in fact, employees. Employees who are misclassified are often not in control of their wages and schedule. Individuals who are misclassified do not receive entitlements they are owed, such as vacation pay, severance, etc.
  • Learn More
    Severance pay for managers

Offered 6 months severance after 16 years of employment

I was fired and offered 6 months’ pay in severance. I’m 55 years old and worked for the company for 16 years in a sales role. If I find a new job within that 6 month period, can they stop my severance payments?

• Long-service employee rights: Finding new employment while still pursuing severance entitlements can possibly reduce severance entitlements however, former employees should not be dissuaded from pursuing their entitlements. Wrongful dismissals can often be resolved quickly and will not interfere with an employee’s potential future employment.

No longer offered childcare accommodations by the employer

When I was hired, my employer allowed me to work from home two days a week to accommodate childcare responsibilities. I’ve just been told that starting next month, they will no longer honour that arrangement.

• Family status entitlements: Employers are obligated to try and provide employees with the necessary accommodations. Employees who have childcare obligations are protected under human rights laws. Employers who penalize or refuse to accommodate employees are potentially violating their human rights.

NEXT EPISODE: Employment Law Show S6 E10 – 5 things you should know about employment contracts

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