Employment Hour 640 Toronto – S5 E80

Summary

Fired after probation, reacting to a demotion, working for a new owner, fired at 65, termination clauses, wrongful dismissal and more on Season 5 Episode 80 of the Employment Law Show on Global News Radio 640 Toronto and 980 CFPL in London.

Lior Samfiru is a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP. He reveals your workplace rights in Ontario on the Employment Law Show. Lior shatters myths and misconceptions about severance pay, terminations without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

I had a heated argument with my boss. Now he says that I can either quit or be fired. Should I quit my job?

1:28 – An employee had an argument with his boss. The boss lost his temper and told the employee that he could either quit immediately or he would be fired. Th employee chose to quit instead of being fired. A few days later the employee was issued his Record of Employment that stated he had quit. Six months later the individual, who is still out of work, contacted us to find out if he has any employment rights in this matter.

Lior told the individual that he had actually been terminated by his employer. The employer essentially fired him when he was provided with two options that both resulted in the termination of employment. Because he was let go from his job and not paid severance, he was wrongfully dismissed and is entitled to a severance package.

Minimum Wage to make up for lack of piece work

6:26 – A licensed tradesman was being paid either a flat rate or piece work. When work began to slow down, he wasn’t able to earn any income. He asked his employer for the ability to leave his position, however the employer said that he couldn’t abandon his job.

Lior told the caller that in his situation, he would have to be paid at least minimum wage by his employer if they are unable to provide him with a constant stream of employment.

Can an employer ask an employee to use their own phone and home to conduct business?

8:29 – An employer can make an employee use their own personal resources (home, car, phone) to conduct business, but only if said arrangement was included as part of a deal made between the two parties on the terms of employment. Those terms are often contained within an employment contract.

If an employee working on a contract receives a raise during the course of that contract, does the contract period reset and start again?

12:00 – If an employee working on a contract receives a raise during the course of that contract, the contract length does not reset. The contract continues to run until its agreed upon end date.

I was just laid off after completing the 3 month probation period. Am I owed severance pay?

14:47 – An individual was laid off yesterday. He had just emerged from a 3 month probation period instituted at the start of his employment. Lior told the caller that he is definitely owed severance pay, as his termination occurred outside of the probationary period. The only way his severance pay be limited is through a signed employment contract that contains a termination clause.

Contract work and claiming vacation pay

16:09 – An individual has been doing contract work for a company for the past two-and-a-half years. The contract she has with the employer is a handshake deal. She submits the hours she works to the company and they pay her for her services, but she is required to pay her own taxes. She has never submitted for vacation pay. Should she ask for her vacation pay?

Lior told the caller that based on the arrangement she has with the company, she is likely an employee rather than an independent contractor. He explained her rights to vacation pay and how she might be able to navigate the situation. He also informed her that because the company recently reduced her hours significantly, she can treat her employment as being constructively dismissed, meaning that she can walk from her job with severance pay.

I was demoted a year ago. Can I do anything about it now?

19:52 – After 3 years in a management position, the individual was demoted. His position was handed over to another employee and his pay was reduced. This happened over a year ago. Is it too late for him to do anything about it? Lior told the caller that he could have claimed constructive dismissal and left with severance pay when the change originally occurred. Since the change happened such a long time ago, he is considered to have accepted the change and can’t take any action against the employer.

When should an employer take measures to deal with a problem employee?

23:11 – An employer should deal with a problem employee as soon as they do something that is inconsistent with the expectations of the workplace. The employer should work to rectify the problem or discipline the employee. What a company should not do is ignore the employee or the problem. If the employer does not take action of any kind, they have basically condoned the employee’s actions.

Our company is being bought by another business. I have just been laid off but have not received a job offer from the new owner. Am I owed severance?

24:42 – An employee just received a termination letter from the hospital he works at in Toronto. The company is being bought by another business. His employer said he will let go from the current company and rehired by the new company. He has worked for the hospital for 12 years. During that time, the company has changed its name four times.

Lior told the caller that if he is offered a job with the new company and chooses to accept it, his employment will actually continue uninterrupted. His years of service will continue to build from the 12 years he spent with the previous owners. In that case, he would not be owed severance pay during the transition period. If he is not offered a job with the new company he can treat his employment as being terminated and can obtain a full severance package.

LEARN MORE
• Who pays severance when a business is sold in Ontario?
• Sale of business in Alberta: Employee rights
• How does severance work when a B.C. business is sold?

I was fired after turning 65 and given 8 weeks’ pay. Was that enough?

28:04 – After 8 years at a company, an employee was dismissed from his job. No reason was given by his employer for the termination, which happened just after he turned 65 years old. He was given a severance package totaling 8 weeks of pay. Lior told the caller that he has been wrongfully dismissed and is owed as much as 12 months’ pay.

I was just let go. When I started the job 3 years ago I signed a contract with a termination clause. How much severance am I owed?

30:25 – An employee was given a termination notice a few days ago. When he joined the company 3 years ago, he signed an employment contract that contained a termination clause. The employer referred to the termination clause in his severance offer. Lior told the caller that while he did sign a contract that contains a termination clause, it may not be enforceable for various reasons.

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form. Get help from a Toronto employment lawyer.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.