Employment Hour 640 Toronto – S2 E8

Summary

Canadian Employment Lawyer Lior Samfiru, founding partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario.

Lior shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

– I think I am owed more severance pay. Is it difficult to resolve a severance pay matter?

– CALLER: I received a severance offer for 6 months’ pay. If accept the severance package, and find a new job immediately, do I have to pay the severance back?

– CALLER: My severance offer contains a clause that says I will waive my rights to a human rights complaint. Should I sign it?

– The Severance Pay Calculator: What is it and how can it help?

– Does the rule of a week of severance pay per year served still apply to fired employees?

– How do I know I need an employment lawyer?

– I was fired before the end of my 3-month probation. Am I entitled to any severance pay?

– CALLER: I’m an employer. Why is everything set up to penalize an employer? Why should an employer have to give a bad employee severance pay?

– CALLER: My 26-year-old daughter was working part-time for a company, but worked full-time hours. She was fired in the third month. Are part-time employees entitled to any severance pay?

– Does the size of a company matter when it comes to the amount of severance pay an employee is owed?

– CALLER: On my way to work, I was hit by a drunk driver, and ended up in hospital. My family told my employer that I wouldn’t be able to make it in to work that day. The next day, I was mailed my termination paper. Just a week before I had a great performance review.

– CALLER: I am being harassed by a coworker. I told HR about it. A meeting was held, but they didn’t take it seriously, and threatened to send me home without pay. I am currently on an unpaid medical leave as ordered by my doctor. Should I resign?

– CALLER: I just started a new job. After one week I was terminated because I wasn’t a “good fit” for the company. I didn’t sign any employment agreement.

– What type of protections do you have while you are on a maternity leave or paternity leave?

– Can an employer fire an employee who is on a maternity leave or a parental leave?

– CALLER: I’m in my 50s, and have been a manager at a company for 30 years. If I take a job at a new company, and am fired shortly afterwards, how much severance pay would I be entitled to?

– CALLER: My 55-year-old friend worked at a car dealership full-time for 2 years. She was just told that the company is closing. She is getting 2 weeks’ pay and must work the last 2 weeks of operations. How much severance pay is she actually owed?

– CALLER: After 5 years, our company laid us off on a Friday night. They might call us back to work soon. Am I owed any severance pay?

– CALLER: I worked at a company for 10 years. The day I returned from parental leave, I was let go due to restructuring. However, my temporary replacement is now doing my old job.

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, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from a Toronto employment lawyer.

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