Employment Law Show: Ontario – S11 E44

Episode Summary

How are severance packages calculated for federal employees? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show.

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• No pay raise due to maternity leave: Employees returning from maternity leave cannot be penalized or terminated as a result of taking leave. Employers must return employees to their previous position. While on maternity leave, employees are not considered to have a gap in employment. The time spent on leave by an employee must be considered as time employed.
• Employer databases hacked with employee info: Employees cannot sue their employers due to a breach or hack of information. Employees can only pursue legal action against their employer if they can prove their employer was negligent.
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    Employment lawyer on Indigo data breach
• Severance for federally regulated employees: Severance pay for federally regulated employees is calculated in the same manner as that of a provincial employee. Full severance entitlements will be based on an employee’s age, position and years of service. All components of compensation must also be included in a severance package.
• Short-service employee severance pay: Many employers and employees mistakenly believe that due to their length of employment, they are not owed much severance. Short-service employees can be owed comparatively more severance pay than longer-service employees. This is due to the fact that it will be more difficult to find future employment.
• Terminated while on disability leave: Employees cannot be terminated or penalized due to an illness or disability. Employers that fail to provide accommodation or penalize employees due to a medical condition could face human rights damages as well as owe severance pay.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.