London hospital facing 2 wrongful dismissal lawsuits after recent layoffs

After a series of layoffs, the London Health Sciences Centre (LHSC) is being sued for wrongful dismissal by two former employees.

Executive looking for more than $1.4 million

Corporate hospital administration executive Brad Campbell, who was let go in August, claims he’s owed:

• $1.2 million for loss of salary–noting that he had 2½ years left in his contract
• $282,250 for lost bonuses
• Over $35,000 for lost car allowances
• Approximately $22,000 for no longer having health-care spending and professional development allowances

Long-service staffer demanding thousands in damages

Crystal Curry, an administrator who was laid off in September after 21 years with the hospital, is looking for:

• Approximately $285,000 in damages–calculated to include her base pay and compensation for the time it will take to settle the disagreement
• $50,000 that LHSC planned to give her to complete her undergraduate university degree, which is now a prerequisite for her position

Neither Curry’s or Campbell’s wrongful dismissal claims have been tested in court at this time.

SEE ALSO
• Former LHSC workers file $700K in wrongful dismissal suits over vaccine policy
• Will London Health Science CEO Paul Woods receive severance?
• Six senior executives fired from Alberta Health Services

Musyj making cuts

David Musyj, LHSC’s provincially-appointed supervisor, has eliminated more than 59 positions and reassigned 71 others from the Victoria, University, and Children’s hospital sites.

The longtime CEO of Windsor Regional Hospital said the changes made in recent weeks have already resulted in a total of $14 million in savings.

Wrongful dismissal in Ontario

A common misconception is that the term “wrongful dismissal” means an employer’s reason for terminating a non-unionized worker was “wrong” or “illegal.”

In Ontario, a wrongful dismissal occurs when an employee doesn’t receive proper severance pay when they are fired or let go.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about wrongful dismissals on an episode of the Employment Law Show.

An experienced employment lawyer at Samfiru Tumarkin LLP can determine if you received the correct amount and help you secure the compensation you deserve if you didn’t.

SEE ALSO
• What to know about wrongful dismissals in Alberta
• Wrongful dismissal in B.C.: What employees need to know

How is severance pay calculated?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

However, there are some situations where non-unionized workers in the province could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your employer’s severance offer is less than the calculated amount, reach out to our firm immediately.

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for healthcare sector staff
• Severance packages during mass layoffs

My employer is pressuring me to sign my severance offer immediately, what should I do?

In Canada, it’s not uncommon for employers to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with a member of our team.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Ontario, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in Ontario?
• What Albertans need to know about negotiating severance packages
• Negotiating severance in B.C.: What employees need to know

Wrongfully dismissed? Contact us

If you believe that you have been wrongfully dismissed, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

Don’t let your employer off the hook. We can help you secure the compensation that you are legally entitled to.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.