Employment Hour 580 CFRA – S2 E15

Summary

Ottawa Employment Lawyer Alex Lucifero, Managing Associate 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

Chapter 1:

What can I do if my employer is trying to force me to retire?

We received a call from a gentleman whose employer was repeatedly asking him about retirement and what his plans were.  It moved on to the employer leaving articles and information on his desk about why it made financial sense to retire by a certain age.  Though he was 65 years old, he wasn’t currently interested in retirement.  The treatment from his employer continued and he decided to speak to a lawyer about the situation.

Chapter 2:

Can my employer change my vacation entitlement and claim it as a clerical error in my original employment contract?

I was originally hired in February of 2016 with an employment contract that clearly stated my vacation entitlement and working obligations.  The next year my work schedule dropped down to 4 days a week instead, in addition, my employer stated that I must take 5 days worth of holidays within a 4 day period, meaning that I would be taking a holiday for an already unscheduled day off.  Can my employer change my vacation entitlement like this?

Chapter 3:

If your employment contract stipulates minimum entitlement is it always valid?

A woman called us about her employment contract.  She was employed by a well-known grocery store for approximately 5 years in a supervisory position.  She was let go by her employer without cause due to restructuring.  She was offered 4 weeks of pay, one week of pay for a full year of service.  She had an employment contract that stipulated that she was entitled to the minimums of entitlement.  If your contract stipulates minimum entitlement is it always valid?

Chapter 4:

You need an employment lawyer when

• You’ve been let go

Chapter 5:

Should retail severance packages be based on commission and not just base salary?

People in the retail industry have a hard time when leaving a position.  Generally, retail staff employees do not receive severance based on commission or overtime.  Should retail severance packages be based on commission and not just base salary?

Chapter 6:

You need an employment lawyer when:

• Your employer is building a case against you with bad performance reviews or reprimands
• You’ve been offered a new employment contract to sign while you are working
• You’ve been put on a temporary layoff

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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