Employment Hour 580 CFRA – S2 E13

Summary

Canadian Employment Lawyer Lior Samfiru, founding partner at Samfiru Tumarkin LLP, reveals your workplace rights in Ontario on The Employment Hour.

Every Saturday at 5pm on Newstalk 580 CFRA, Samfiru Tumarkin LLP shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

Why commission changes mean severance pay, maternity leave rights, income errors, why you don’t need to sue to get a fair severance package and MORE.

Chapter 1:

Changes to the price of sales for commission workers:

A salesperson at a car dealership called.  Recently his employer decided that there were no longer going to be price negotiations on used cars.  For this employee this was a problem because he wouldn’t be able to get a better price on selling the car, this would result in a loss of income for him (at least a 30% pay cut).  Though this might be a good decision for the business it may not be the best for the employees as it would result in a loss of income.  This could be treated as a constructive dismissal due to loss of pay, because it makes earning the same level of income more difficult.

Chapter 2:

Promotions while on maternity leave:

A woman who was on maternity leave called us.  While she was on maternity leave a coworker in a different position retired and she was hoping to be considered for the position.  She was told by her employer that they needed someone more senior than her to take over the position.  When she returned to work she found out that the position had been filled by someone more junior than her in the company.

Chapter 3:

Obtaining Better Severance:

• The process of seeking severance pay from a past employer and how frequently incorrect compensation amounts are given.
• How common is it for individuals to get legal advice after being let go from a position?
• I don’t want to sue my past employer for severance.
• What is the likelihood of success for obtaining better severance?
• Is this obtaining severance expensive process?
• How long will it take to resolve my severance matter?
• What advice would you give an individual who is working with an employment lawyer to try and improve their severance?
• What percentage of people receive adequate severance?
• What about having concerns over damaging the relationship with your previous employer?

Chapter 4:

Can my employer change my working hours significantly without notice?

I have been working 5 days a week at a pharmacy for the last 3 years.  The owner told me today that they are dropping my hours down to 1 day per work going forward. Is my employer allowed to do this?

Chapter 5:

Can my employer decide to retract a termination?

I recently received a letter terminating my employment due to outsourcing my job.  I signed the offer and accepted the terms of their termination.  One week later the contacted me to tell me they had made a mistake and wanted to retract the termination. Can they do that?

Chapter 6:

Is it possible to fight a dismissal for cause if you don’t think it’s valid so that you can still collect EI?

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900 or fill out a contact form to get help now.

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