Employment Law Show: Ontario – S11 E50

Episode Summary

What are common misconceptions about probation? 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

• Sales employee severance pay: Many sales employees have a compensation structure with both regular salary and commission payments. Severance payments should encompass all elements of compensation, including bonuses, commissions, allowances, etc. Before agreeing to a severance package, employees should seek advice from an employment lawyer.
• Misconceptions about the probation period: Probationary periods are for employers to assess the suitability of a new employee in their current role. Companies typically implement probationary periods in order to mitigate risk. It is important to remember that probation periods at the start of employment are not automatic. Employees must consent to a probation period at the start of a new job in an employment contract.
• Employer changes sick day policy: Employers do not have the ability to change fundamental terms of policies without an employee’s consent. A major change to the terms of a job can be treated as constructive dismissal.
• Negotiating severance pay and deadlines: Employees should look closely at the terms of their employment contracts before they agree to sign them. Employment contracts can contain enforceable termination clauses that could limit their severance entitlements upon termination. Employees have up to two years after the initial date of termination to pursue their severance entitlements. Deadlines are created by employers in order to pressure employees to accept an initial offer.

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