Answering Your Common Employment Law Questions | Employment Law Show TV – S4 E27

Episode Summary

COMMON EMPLOYMENT LAW QUESTIONS, qualifying for CERB, non-competition clauses, and more on Season 4 Episode 27 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

Recalled to a different role

I was called back to work but in a different role than I previously had. I rejected the new offer and wanted my old position. My employer told me I could accept this new position or resign.

An employer does not have the right to significantly change the terms of your employment. If you refuse to accept the change, that is not a resignation. The only person who can decide if you resign is you. You cannot be forced to resign. If you are told you have to resign, that is a termination.

Segment starts at 1:57

Severance based on three factors

My wife was just laid off after 30 years as a dental assistant at the same practice. This happened about 7 weeks ago at the start of the coronavirus outbreak. Our friends say that the most severance she can get is 2 weeks’ pay. Is that true?

Your severance entitlements are actually based on three factors: your age, your position, and your length of employment. Based on your wife’s situation, she is actually owed 24 months’ pay.

Segment starts at 4:45

A change in location at the workplace

My boss just told me that they are closing their Toronto office and moving all jobs to Vancouver. I’ve been working in Toronto for the last 11 years. Can they do that? If I refuse, will it be seen as a resignation?

When your employer makes a significant change to the terms of your employment, you can consider it a termination. Re-locating to a different office or workplace is a significant change, and can become a termination. This can be treated as constructive dismissal, and you would be entitled to severance.

Segment starts at 6:55

Common Employment Law Questions: Answers you need

1️⃣   Can my employer lay me off if I didn’t do anything wrong?

An employer can terminate an employee without cause as long as the employee is paid full severance.

Segment starts at 10:54

2️⃣   How much severance pay should I get? What is a fair severance package?

No two situations will be alike and there is no exact formula. Your severance entitlements depend on your age, position, and length of employment. Short-service employees are actually treated disproportionately better than long-service employees.

Segment starts at 12:34

3️⃣   Can my employer put a time limit on a severance offer?

Every severance letter will have a deadline, but you do not have to accept a severance offer by a deadline set by a former employer. It is a pressure tactic. In over 90% of cases, people are not offered even close to what they’re owed.

Segment starts at 14:12

4️⃣  My employer wants to make a big change to my job. How do I stop them?

You cannot stop an employer from changing the terms of your employment, however illegal it is. If you are faced with a significant change to the terms of your employment, you can choose to either accept the changes, or you can pursue a constructive dismissal.

Segment starts at 15:40

5️⃣  I’m being harassed at work. What can I do?

You should let your employer know you are being harassed at work as they have an obligation to investigate and rectify the situation. If you believe the situation is mishandled, contact an employment lawyer.

Segment starts at 17:07

6️⃣   I am still on a temporary layoff. Does my employer have to recall me eventually?

If you choose not to accept the layoff, you can treat this as termination and pursue severance.

Segment starts at 19:04

A contract worker CERB qualification

My son is a 2nd-year university student. He started a summer job last year on a two-year contract. He was supposed to go back this summer, but they terminated the contract. Would he qualify for CERB?

If a worker had a contract that was terminated before the agreed-upon period, the employer has to pay the balance of the contract.

Segment starts at 20:21

Limits to long-term disability

My wife went on long-term disability in 2017 after being diagnosed with cancer. Her LTD was cut off in March after the insurance company said she wasn’t “totally disabled.” But her employer says they don’t have a job for her right now. What should she do?

If your doctor supports your disability and says that you are unable to work, you are likely owed compensation from your insurance company by law.

Segment starts at 24:25

Non-competition clause preventing work

I was just fired from work with two weeks’ pay. The HR representative reminded me that my employment contract contains a non-competition clause that prohibits me from working at any competitor in my area for two years.

It is extremely unlikely that you are owed only two weeks’ pay. The law decides how much you should be getting. Regarding the non-competition clause, most people don’t know that non-compete clauses are not enforceable. That does not mean you should disregard it. It is important to negotiate the terms of your departure with your former employer, such as whether or not you are going to work for a competitor.

Segment starts at 26:43

Next Episode: Employment Law Show S4 E28 – Severance Packages: Key Things to Know

Previous Episode: Employment Law Show S4 E26 – COVID-19: Termination of Employment