5 Workplace red flags | Employment Law Show TV – S7 E12

Episode Summary

5 WORKPLACE RED FLAGS, forced back to work, denied a promotion, and more on Season 7 Episode 12 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

Big company errs on a severance package

I was let go after 22 years by a large corporation in a mass layoff. I was offered 30 weeks of severance. Is this all I am owed?

• Assumptions about severance pay: Employers often mistakenly calculate an employee’s severance entitlements, particularly in the event of a mass layoff. Long-service employees can be owed up to 24 months of severance pay. Severance packages must also encompass all elements of compensation, including bonuses, car allowance, etc. Employees should not assume that large corporations and businesses are more aware of severance entitlements.

Short-service employee severance

I was hired as an unlicensed assistant months ago. A few weeks after my probation ended, I was let go and told they decided to hire a licensed assistant and given a week of severance.

• Severance entitlements for short-service employees: Employers and employees assume incorrectly that short-service employees are not owed much, or any, severance pay. Short-service employees can actually be owed comparatively more severance pay than longer-service employees. Severance pay is intended to compensate employees while they look for future employment.
  • Learn More
    Severance pay in Alberta
    Severance packages in BC
    Severance in Ontario

Denied LTD and told to return to work

I tried applying for long-term disability through my work benefits but was denied. I appealed the decision and my boss says if my appeal is denied, it means I’m well enough to work. What should I do?

• Returning to work from LTD: Employers do not have the ability to force employees back to work before they are medically cleared to do so. Employees should listen to the advice of their treating doctors before they return to work. Employers cannot penalize employees for taking medical leave. Employers that refuse to accept a doctor’s note, could be committing a human rights violation.
• Appealing a long-term disability denial: The appeals process is rarely successful and often leads to a waste of an individual’s time. It is far more beneficial for claimants to seek the advice of a disability lawyer and file a legal claim in order to receive benefits.

5 Workplace red flags

• Put on a performance improvement plan: A performance improvement plan is typically a step an employer takes in order to justify a termination for cause. Employees that do not agree with the plan they have been put on should voice their disapproval and ensure it is documented in writing. Silence can be viewed as acceptance.
  
• Harassment at the workplace: All employees are entitled to work in a safe and harassment-free workplace. Employers have an obligation to investigate all complaints that have been brought forth by an employee, and if needed, resolve the situation. Employees that feel their employers have not adequately addressed complaints can pursue legal advice externally.
• Refused accommodation despite medical condition: Employers have a duty to accommodate an employee’s medical condition or illness. Employers have to accommodate an employee up until the point of undue hardship. A refusal to accommodate or penalize an employee as a result of a medical condition is illegal and a human rights violation.
• Pay and schedule changed by an employer: Employers do not have the ability to impose major changes, like a pay reduction, without an employee’s consent. A significant change can lead to constructive dismissal. Employees should not feel pressured to accept a change proposed by their employer.
  
• Signing a new employment contract: Employees should be wary of being asked to sign a new employment contract, particularly after years of employment. Employment contracts can contain provisions that limit an employee’s rights and entitlements. Employees should speak to an employment lawyer before signing a new contract.
  

Refused promotion and told to resign

I was offered a promotion and told if I declined I would be released from the company. After refusing the promotion, I was told I had to provide a letter of resignation.

• Pressured to resign: Employees do not have to accept a promotion offered by their employer. Employees cannot be penalized for refusing a promotion. Employers are within their rights to let an employee go after refusing a position however, that is considered a termination. Employees cannot legally be pressured to resign by their employers.

Demoted after taking sick leave

I was let go due to restructuring after 3.5 years as a senior property manager. I was told if I didn’t accept the initial severance offer, they would not provide me with a good reference.

• Sick or medical leave: Employers do not have the ability to demote an employee, particularly as a result of taking sick leave. Employees are within their rights to take sick leave and cannot be penalized for doing so. A demotion is also considered grounds for constructive dismissal as it is a major change to the terms of employment.

 Employee fired due to addiction

I was fired for cause for breaking the drug and alcohol policy despite being honest with my boss about my struggles with substance abuse and mental health.  Do I have any options?

• Fired for cause due to illness: The law recognizes that addiction and substance abuse are disabilities. Employees struggling with a disability cannot be terminated or penalized due to the symptoms of their condition. Employers that are aware of an employee’s struggles with addiction must provide accommodation when needed and allow employees to take a leave of absence in order to recover.

NEXT EPISODE: Employment Law Show S7 E13 – Performance review primer for employees

PREVIOUS EPISODE: Employment Law Show S7 E11 – Things you should know when you lose your job