Employment Hour 640 Toronto – S6 E93

Summary

Toronto employment lawyer David Vaughan, partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA and across Ontario. David shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

– WEEK THAT WAS #1: A 28-year employee was off for 2 years on a medical leave. Her employer terminated her employment as part of a restructuring, not because of her condition. David Vaughan explains why her severance package offer was far from adequate.

– CALLER: I’m 65 years old and have been employed for 8.5 years. I was just let go, and was offered 32 weeks’ pay. Is that a fair severance package? Do I have to get back to them by their offer deadline?

– CALLER: My daughter was fired but couldn’t obtain full severance pay due to a termination clause in her employment contract. How do you protect the amount of severance pay you are owed if terminated when you are starting a new job?

– WEEK THAT WAS #2: A 38-year-old, 3-year senior employee was let go. He was offered 3 months’ severance pay, which wasn’t a fair severance package. David explains what would be fair, and the role that a non-competition clause played in this scenario.

– CALLER: After my previous company relocated, I accepted a job from a new employer through a job service. When I started, I was actually put into a completely different job, and was then fired before the end of the probationary period. What are my rights?

– CALLER: My wife has been at a company for 2 years. She has received positive performance reviews and awards from her employer. Out of the blue, her employer now wants her to report on the work she is doing every 15 minutes. Can a boss do that?

– CALLER: My daughter got a part-time job at a jewelry store. Her boss said she needs to buy and wear their jewelry as part of the job. Can they force her to do that?

– Why can’t the Ministry of Labour help an employee with severance pay after they have been fired?

– Can you cancel a severance pay claim with the Ministry of Labour if you decide to pursue your full severance rights with a skilled employment lawyer?

– CALLER: I’ve been at the same company for 10 years. I earn a bonus. They now want to add my bonus directly to my salary, but they will reduce the amount. What should I do?

– CALLER: I left a company 3 months ago after less than a year of work. I worked 60 hours a week as a process server, and never received any overtime pay. Am I eligible for overtime pay?

– How often does an employment lawyer encounter an inadequate severance pay offer?

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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