5 Things you should do when fired, laid off or let go from your job | Employment Law Show TV – S5 E17

Episode Summary

5 THINGS YOU SHOULD DO WHEN FIRED, LAID OFF OR LET GO FROM YOUR JOB, terminated while on LTD, severance for executives, and more on Season 5 Episode 17 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

Compensation changed due to COVID-19

I’m a salesperson and my compensation was always salary plus commission. Recently my employer told me because of COVID-19 my compensation would be commission only. Can they do this?

Employees do not have to accept a significant change to terms of employment such as a major change in pay and schedule and instead can choose to pursue a constructive dismissal.

Segment starts at 2:15

CALL: Severance after 15 years and a company shutdown

The bank branch that I manage is going to be shut down permanently amid the pandemic, and I will be out of a job. They expect me to keep working until the closing date and will give me severance a month after that. How much severance should I get after 15 years with the bank?

Employees who have been given advance notice that their employment is coming to an end and are given an end date, have been given working notice. The notice does count towards severance entitlements. The difference in severance owed however must be made up by the employer after the end of employment.

Segment starts at 6:34

Fired due to lingering COVID-19 symptoms

I caught COVID-19 two months ago and was unable to get out of bed for weeks. My doctor says I’m still not well enough to go back to work. My insurance provider denied my LTD claim because they say I don’t have enough evidence to prove that I’m still suffering. Now my boss is growing impatient and wants me back immediately. Can they fire me with 2 weeks’ pay over this, even after 18 good years with the company?

Employees can not be penalized by their employers while on medical leave. Whether or not an employee is able to work is primarily determined by an employee’s doctor. Insurers often decline individuals’ benefits and employees should contact a disability lawyer if they might be a COVID-19 long-hauler.

Segment starts at 11:05

5 Things you should do when fired, laid off or let go from your job

1️⃣ Make sure you have a copy of your employment agreement, as well as any bonus plan documents

Employment contracts need to be closely looked at as they typically specify the terms of employment. Contracts can outline what an employee is owed in terms of severance entitlements.

Segment begins at 14:56

2️⃣ Return all company property and make arrangements to retrieve your belongings

Companies expect to have their property returned to them at the end of employment. Property should also not be damaged upon return.

Segment begins at 16:28

3️⃣ Do not sign or accept termination papers without legal advice

Often employers pressure employees to sign a termination release that includes a severance offer. The severance initially offered typically is not what an employee is owed in its entirety.  Signing a release ensures an employee cannot seek legal action after the terms are agreed to.

Segment begins at 17:55

4️⃣ Apply for Employment Insurance (EI)

There are often time limits in order to apply for employment insurance. Depending on the amount of severance, employment insurance payments might not start immediately.

Segment begins at 20:06

5️⃣ Go to PocketEmploymentLawyer.ca to find out what your rights are, and to get full severance pay

PocketEmploymentLawyer.ca can outline the amount of severance you might be owed as well as other factors such as whether or not you have been accurately let go for cause, or if you have been wrongfully dismissed.

Segment begins at 20:59

CALL: Severance based on salary alone

I was let go from a sales job that paid a salary plus a 15% commission. They told me that my severance package is only based on my salary because they are no longer providing commission to their employees. Can they do that?

Employers cannot change the amount of severance offered if an employee’s payment structure was based on salary as well as commission. Severance is based on all components of an employee’s compensation, such as vacation, benefits, etc.

Segment starts at 22:45

CALL: On LTD while the company is being shut down

The plant I work at is shutting down. Does the fact that I’m on long-term disability right now impact my right to severance pay? I’ve been with the company for 33 years.

Employees who are terminated while on long-term disability are still entitled to severance even if their former employer’s business is shutting down. Employees who are disabled could also be entitled to more than the maximum amount of severance as the possibility of future employment will be more difficult.

Segment starts at 25:45

NEXT EPISODE: Employment Law Show S5 E18 – Severance Pay When a Business Closes Due to COVID-19

PREVIOUS EPISODE: Employment Law Show S5 E16 – What you need to know about workplace harassment