5 Questions to consider before resigning from your job | Employment Law Show TV – S6 E11

Episode Summary

5 QUESTIONS TO CONSIDER BEFORE RESIGNING FROM YOUR JOB, terminated due to maternity leave, laid off due to COVID-19, and more on Season 6 Episode 11 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 Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Terminated for cause due to vaccination status

I was told two months ago by my employer to be vaccinated and if I do not get vaccinated I will be terminated for cause. I refused to be vaccinated and so was terminated for cause. What are my rights?

• Without cause termination: Terminating an employee for cause is typically difficult for employers to prove. For-cause terminations can only occur when an employee has exhibited serious misconduct, has not changed their behaviour despite various warnings, and/or there is no other alternative other than termination. Unvaccinated employees who work in sectors in which there is no government mandate cannot be terminated for cause and will be owed their severance upon termination.

New owner considering firing an employee due to age

My employer just sold the brokerage firm I’ve worked at for 14 years to a new owner. Can they decide to fire me because of my age? I’m 69 years old.

• Age discrimination at the workplace: Employees cannot be terminated due to their age as it is discriminatory. There is no age at which an employee must retire and age should not be a factor in determining whether or not an employee is terminated. Employees who feel they have been discriminated against due to their age should contact an employment lawyer as they are owed severance and might also be owed human rights damages.

Terminated after informing the employer about a pregnancy

I was fired just days after emailing my boss to tell them that I was pregnant and would be taking an 18-month maternity leave. Nobody else was laid off, and the company isn’t cutting costs.

• Maternity and parental leave: Employees cannot be terminated or discriminated against due to pregnancy or taking maternity or parental leave. Employers who penalize employees due to pregnancy or maternity leave have violated their employees’ human rights. Employees must be brought back to their original position or a comparable position upon their return from maternity or parental leave.

5 Questions to consider before you resign from your job

• Voluntarily resigning from your job: Employees are not owed severance pay or employment insurance if they decide to resign from their position. Employment insurance, as well as severance entitlements, are only given to employees who have been terminated without cause.
• Ask an employee to resign: A resignation must be completely voluntary and cannot be forced by an employer. Employees who have been told to resign or pressured to do so it is in fact terminated and have not resigned. Employees who do not wish to resign should ensure that their refusal to do so is documented in writing in order to pursue future entitlements.
• Better off resigning instead of being fired or let go: It is not beneficial for employees to resign rather than be terminated. It is a common misconception that terminations will be held against an employee in the future. It is much easier for employees to pursue severance pay if they have been terminated.
  • LEARN MORE ABOUT SEVERANCE PAY
    • Severance Entitlements in Ontario
    • Maximum Severance Pay in Alberta
    • BC Severance Packages
• Prove that they were forced to quit by their boss: Employees who have been pressured or forced to resign must ensure that there is some record of the forced resignation, such as an email. Meetings in which employees have been threatened to resign can also be recorded by the employee in question.
• Resigns because something happened in the workplace: Employees who are working within a toxic work environment and have resigned as they feel they have no other choice can be considered to have been constructively dismissed. Before resigning, however, employees should speak to an employment lawyer to determine their rights and next steps in order to pursue constructive dismissal.

Laid off due to COVID-19 after eight years of employment

I was laid off from my part-time job back in early 2020 because of the pandemic. I worked there for 8 years. My boss hasn’t communicated with me at all about returning to work. What should I do?

• Laid off as a result of the pandemic: Many employees have been laid off as a result of the pandemic and are waiting to be called back to work. Employees who have been temporarily laid off do not have to accept the layoff and can choose to treat it as termination and pursue severance pay. There is no grace period in which employees are permitted to be laid off if they have not initially agreed to layoffs at the start of employment.
  • LEARN MORE ABOUT LAYOFFS
    Temporarily laid off in BC?

New position offered within the same company after decades of employment

My friend has been offered a new position within the company she has worked at for 22 years. If it doesn’t work out and she is let go, will her time in the old job count towards her severance package?

• Rights after the sale of a business: Employees do not lose seniority when a company is sold or restructured unless they have signed a document that allows for a demotion in seniority. employees in this situation will be owed severance for the full 22 years of employment. Long-service employees can at times be owed up to 24 months of severance pay.

Hiring the right employment lawyer after termination

When I was fired after 13 years with the company, my friend recommended a lawyer who covered multiple types of law to help me. It’s been just over a year now, and nothing. What should I do?

• Seeking legal advice: Employees who are pursuing wrongful dismissal and severance entitlements should speak to an employment lawyer and should not seek out lawyers who are well-versed in employment law. Employment lawyers should be informing their clients throughout the legal process and employees who have not been given regular updates might wish to seek a second opinion.

NEXT EPISODE: Employment Law Show S6 E12 – Wrongful dismissal primer for Canadians

PREVIOUS EPISODE: Employment Law Show S6 E10 – 5 Things you should know about employment contracts