5 Key questions employees should ask about resignations | Employment Law Show TV – S9 E14

Episode Summary

5 KEY QUESTIONS EMPLOYEES SHOULD ASK ABOUT RESIGNATIONS, performance management, employment agreements and more on Season 9 Episode 14 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 Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Disability benefits cut off by insurer, but still can’t work

I’ve been on disability leave for about a year. My insurer recently cut off my benefits even though I’m still unable to work and have the support of my doctor. My employer now wants me to return to work, and if I don’t, it will be considered my resignation. What can I do?

• Disability and employment issues: Many employees on disability leave are preemptively cut off from disability benefits despite their continued inability to work. Employees should follow the advice of their treating doctors. Employers must also adhere to the medical advice of an employee’s medical professionals and cannot force employees back to work.

Let go after taking disability leave

I was at work when I passed out. I worked from home the following week before being called into the office, where I was fired. I think they thought I was going to take disability leave. I was only offered 6 weeks of severance.

• Human rights violations: Employers cannot terminate employees due to a medical condition or taking disability leave, as it is a human rights violation. Employees would be owed damages as well as adequate severance pay upon termination.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Termination pay after performance issues

A friend of mine was recently let go after being given a few notices. He wants to know if his severance is accurate. He was offered 10 percent of his income, and wants to know if his bonus pay should also be included.

• Bonus revoked in severance package: All elements of compensation must be included in a severance package, such as an annual bonus payment, commission, etc. Often, employees are not offered what they are owed and have been wrongfully dismissed.

Forced to move to a new position

I’ve been employed at a financial institution for 35 years and have been a bank manager for over 5 years. A senior manager recently told me I would be moved to a new position every 6 months. Do I have to accept this?

• Changes made to your job: Employees do not have to accept a major change imposed on their position, such as a drastic pay cut or demotion. Employees who refuse the imposed changes can treat their employment as constructive dismissal and pursue their severance entitlements.

5 Key questions employees should ask about resignations

• Giving two weeks’ notice: Employees must give reasonable notice of resignation to their employers. Reasonable notice will depend on the type of job and the industry the employee works in. Employees should look closely at the terms of their employment contract.
  
• Pressured to resign: A resignation must be voluntary, and employees cannot be forced to leave their employment.
• Toxic work environment: Employees who resign due to a toxic work environment can pursue severance entitlements, as there is a broken employment relationship. Employees should seek legal advice before resigning from their position, despite the difficult workplace situation.
• Taking back a resignation: Employees who have resigned in the heat of the moment can retract a resignation if it is done so quickly. Employees should not let a considerable period pass before speaking to their former employer.
• Seeking legal advice: Employees who decide to resign must live with their choice. It is beneficial to speak to an employment lawyer before resigning, unless it is completely voluntary.

Employee rights when a business is sold

I’m the Manager of a business that has been sold, but I haven’t been offered the same position with the new company yet. I fear that I will be kept on by the new owner just long enough to train a new person and then let go, sacrificing a substantial severance (20+ years of service).

• Sale of a business: As a result of the sale of a business, employees can either be let go and not kept on by the new owners or employed by the new owners. Employees who are kept on should ensure their previous years of service are acknowledged.

Extended probation period

I’ve been employed for over four months as a Project Manager and was fired. The company says I don’t get any severance because I was still on probation. I didn’t realize probation could extend past the initial 3 months. Do I have any legal recourse for severance?

• Rights during a probation period: Employees must consent to a probation period at the start of a new job. Probation periods are not automatic and cannot be extended beyond the first three months of employment. Employees who are let go after the initial first few months of employment must be offered severance pay.
  

Can my employer…?

• Deduct pay as a disciplinary measure: Employers cannot deduct an employee’s pay without their consent, despite an employee’s mistake or error.
• Revealing private medical information: Employers cannot request private medical information from an employee. Employees must only provide a prognosis and potential accommodations to their employers.
• Accommodating childcare obligations: Employers must accommodate an employee’s family or childcare obligations. A refusal to do so would be a human rights violation.
• Fired on social media: Employers are legally able to terminate employees in a virtual or online manner.
• Independent contractors’ rights to severance: Many independent contractors are owed severance upon termination, as they are in fact, misclassified employees.

PREVIOUS EPISODE: Employment Law Show S9 E13 – 5 Questions about mass layoffs and employee rights