5 Fast facts about Wrongful Dismissal | Employment Law Show TV – S7 E05

Episode Summary

5 FAST FACTS ABOUT WRONGFUL DISMISSAL, major relocations, harassed at work and more on Season 7 Episode 05 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

An employer refusing to give a record of employment

I lost my job after 6 years and was offered 6 weeks of severance pay and I have yet to be given my ROE. What can I do here?

• Employee accepts an inadequate severance package: Employees often are not aware of their rights after termination and accept an inadequate amount of severance pay after termination.  Severance pay for employees is based on a number of factors including the age of an employee, length of service and their position.
  • LEARN MORE ABOUT SEVERANCE PAY
    Severance pay in Ontario
    Severance entitlements for employees in BC
    Severance package in Alberta

Severance pay after a major relocation

I was just let go after 15 years as a manager after the company decided to relocate. I was offered 12 months’ pay as severance. Is this fair?

• Constructive dismissal as a result of relocation: An employer does not have the ability to change a major term of employment without an employee’s consent. A major change can be considered a dramatic reduction of pay, a major relocation, a demotion, etc.
• Longer service employees’ severance pay: Long-service employees can be owed up to almost two years of severance pay. All elements of severance pay must be accounted for in a severance package; this can include benefits, bonuses, commissions, etc.

Facing harassment by a manager or employer

How do you proceed with a harassment complaint within the workplace if the source of the abuse is a superior?

• Harassment and bullying at the workplace: All employees are entitled to a safe and healthy work environment free from bullying and harassment. Employees that are experiencing harassment from a senior employee should bring their complaints to the appropriate department within their workplace. If this is not possible or a workplace investigation does not occur, it is best to contact an employment lawyer.

5 Fast facts about Wrongful Dismissal

• Fired for the “wrong reason”: It is a very common misconception that a wrongful dismissal occurs due to an illegitimate reason. Employers are permitted to terminate employees for any reason as long as it is not discriminatory, and adequate severance pay is offered.
  
• Offered inadequate severance pay: Employers that terminate an employee for cause do not have to offer severance pay. It is very difficult to terminate an employee for cause as an employee has to exhibit serious misconduct. Employers often mistakenly fire an employee for cause and this is considered a wrongful dismissal.
  
• Changing major terms of employment: Employers cannot impose a major change to the terms of employment without an employee’s consent. A major change can be considered a dramatic reduction in pay, relocation, etc. Constructive dismissal is considered a type of wrongful dismissal.
• Time frame to take action: It is important for employees to pursue their rights as soon as a termination occurs. Employees have up to two years after the initial termination of employment to pursue their severance entitlements.
• Pursuing employment rights: Employees often consider the legal process to be overwhelming, stressful and a financial burden. A wrongful dismissal dispute is often a quick and efficient process and employees should not be scared to pursue what is owed to them.

Signing a new contract with a termination clause

After a few months at a new job, I was asked to sign an employment contract. The agreement contained a clause stating if I didn’t perform to a certain level, I could be fired with no compensation.

• Signing employment contracts: Employees that are already employed and asked to sign a new contract should be wary and seek legal advice before doing so. Terminology that restricts the rights of employees can often be included in an employment contract, such as a termination clause, or an employer’s ability to place an employee on a layoff. Employees do not have to sign a contract and cannot be penalized for not doing so.

No severance as the company is shutting down

After decades as a mechanical engineer, I was let go. They said I wasn’t owed anything because I was a contractor. Am I owed anything?

• Employees misclassified as contractors: Many employees are often misclassified by their employers as independent contractors. Individuals that work exclusively for a sole employer and do not have control over their schedule, pay, equipment, etc., if terminated are owed severance pay. Employees that are misclassified give up on many other rights including vacation pay, sick days, etc.

NEXT EPISODE: Employment Law Show S7 E06 – Employment rights primer for independent contractors

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