Lior Samfiru CBC: Rising number of wrongful dismissal lawsuits

Interview Summary

The rise in layoffs across the country has led to an increase in wrongful dismissal suits. Many individuals across Canada believe that, unlike our American neighbours, Canadians are not prone to pursue legal action. What has changed for those who have recently been terminated? Can employers take steps to protect themselves from additional legal consequences?

Lior Samfiru, a Toronto employment lawyer and National co-founding Partner at Samfiru Tumarkin LLP joined CBC Radio’s Cost of Living to discuss the possible rise in wrongful dismissal suits, and when it is vital to seek legal advice from an employment lawyer.

Interview Notes

• Increasing calls for employment advice: Over the past few years, there has been an increased need for employment lawyers due to the number of terminations nationwide.
• Current offers of layoff packages: Termination offers on average appear to be much worse than they have been historically. Many companies have realized they over-hired after the pandemic and are struggling with financial difficulties. To combat the rising costs of living, employers decide to pay the bare minimum in severance packages.
• Canadians becoming more litigious: Overall Canadians are not more litigious than they used to be. However, in certain areas, such as wrongful dismissals, there has been an increased number of suits filed. Most wrongful dismissal cases are settled before leading to court.
• Common law entitlements: It is very common for short-term employees to be owed comparatively more severance than a longer-serving employee. Severance is based on several factors, including the age of an employee, their position, and years of service. Other external factors, such as the economy, can also factor into a severance package.

Related Resources

For further insights and discussions related to wrongful dismissals, explore the following resources:

• Wrongful dismissals in Ontario
• Contact a wrongful dismissal lawyer