5 Ways to determine if your Severance Package is fair | Employment Law Show TV – S5 E25

Episode Summary

5 WAYS TO DETERMINE IF YOUR SEVERANCE PACKAGE IS FAIR, poor performance, mental health leave, and more on Season 5 Episode 25 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

Can I take medical leave if I’m an essential worker?

I was supposed to have knee surgery but it was postponed due to COVID-19 and so I had to take time off work. My employer told me I’m an essential service and so I was told I’d have resigned. What do I do?

Employees cannot be forced to resign, it must be voluntary. Employees are permitted to be on leave if they have their doctor’s support, despite the fact that they are considered an essential service.

Segment starts at 2:30

CALL: Severance Packages for Part-time employees

I was given a severance package after 4 years with the company as a part-time employee. I was 1 of 4 positions that were laid off. However, I am still waiting for my employer to give me severance pay.

Part-time employees are owed their full severance entitlements despite the fact that they are not full-time employees. Part-time employee’s severance is based on a number of factors, such as the age of an employee the length of service and an employee’s position.

Learn More
Severance Pay Ontario
Severance Pay British Columbia
Severance Pay Alberta

Segment starts at 5:30

Can I be fired for poor performance?

Can my employer fire me for poor performance, even if I am trying my best at doing my job? Am I only owed two weeks’ pay when I’m let go in this case?

Employees are permitted to let employees go for any reason as long as they are paid their full severance entitlements. Termination for cause is typically difficult to prove and is only a result of serious misconduct exhibited by an employee. Employers are also obligated to show evidence of trying to resolve an employee’s poor performance and offer opportunities to improve.

Segment starts at 7:40

5 ways to determine if your severance package is fair

1️⃣ Determine the exact reason for your dismissal

It is important to determine if an employee has been let go for cause or without cause.  If an employee has been let go for cause, an employer will have to be able to prove there was no other option other than to terminate employment.

Segment starts at 11:51

2️⃣ Go over your employment contract

Employment contracts are typically created in the best interest of employers and can contain terms that limit an employee’s severance entitlements.

Segment starts at 13:04

3️⃣ Don’t rush to accept a severance offer

Employers implement a severance offer deadline in order to pressure an employee to accept their initial offer. An employee’s legal rights expire two years after the initial date of termination.

Segment starts at 14:16

4️⃣ Consider all of the factors that are used to calculate severance pay

An employee’s severance entitlements are based on several factors such as the length of employment, the age of an employee and an employee’s position. Factors such as the economy, the reason for termination and whether or not an employee was recruited by their employer also factor into a severance offer.

WATCH MORE
Employment Law Show S5 Episode 21 – You are still owed Severance Pay If…

Segment starts at 15:35

5️⃣ Contact an employment lawyer

Employees should contact an employment lawyer before agreeing to a severance offer. Once an agreement has been signed, an employee cannot re-assess their offer or re-negotiate.

Segment starts at 18:09

CALL: Forced to sign a one-year contract

The company I have been working at for 33 years was just bought by a new owner. They made all of us sign a 1-year contract. If they decide to let me go at the end of the contract, do they owe me severance based on my thirty-plus years?

Employees should always review an employment contract before agreeing to their terms and signing. Contracts can often contain terms that will potentially limit the future severance entitlements of an employee. If an employee is not offered a new contract and is currently working under new ownership, their previous years of service count towards their severance. Employees who continue to work for the same employer and are encouraged to sign a new employment contract after years of employment should be wary of signing; if nothing is offered in exchange for signing the agreement, the contract is not enforceable.

Segment starts at 19:45

CALL: Working longer hours as co-workers were laid off

I have been working longer, more frequent shifts since three of my colleagues were let go. This has gone on for nearly a year. They have yet to hire additional employees to ease the burden on me. What can I do?

An employer does not have the right to impose significant changes to terms of employment without an employee’s consent; this includes a reduction in pay,  as well as changes to a schedule. Significant changes can lead to constructive dismissal and employees in this position should contact an employment lawyer as soon as the changes are imposed.

Segment starts at 23:44

Taking a mental health leave

Do I have to get my boss’s approval before taking time off work to deal with some mental health issues?

Employees do not have to have their employer’s consent in order to take a medical leave due to a mental health illness. Employees who are experiencing health issues should contact their doctor for recommendations and a doctor’s note to inform their employer. Employers do not have the right to know the specific medical condition, merely that an employee is unable to work.

Segment starts at 26:20

NEXT EPISODE: Employment Law Show S5 E26 – What your employer legally can’t do

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