Employment Hour 640 Toronto – S6 E94

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

– WEEK THAT WAS #1: An employee was at a company for 20 years, until the business was sold to a larger company. The new owner indicated that the employee’s job and compensation would change. Does an employee have to accept a job with an new owner, or is this considered a constructive dismissal?

LEARN MORE
• Does an employee have to work for a new owner in Ontario?
• Alberta and employee rights with a new owner
• Business sold in B.C.: Rights for employees

– WEEK THAT WAS #2: A chef worked at a restaurant for 7 months. He signed a 3 year employment agreement. The owner decided to let him go, and paid him 1 month’s pay. Lior explains the amount of severance pay he is actually owed. What happens if I am let go before the end of my fixed-term contract?

– Everything Employers and Employees Need to Know About Termination For Cause

• When somebody is let go, is it because they did something wrong?
• How difficult is it to establish a termination for cause?
• How many chances should an employer give an employee before terminating for cause?
• Is it more difficult to terminate a long service employee for cause, rather than a short service employee?
• How common is it for employers to legitimately have cause to fire an employee?
• What are some examples of conduct that can be cause for dismissal (a termination for cause), even if they happen only once?
• What advice do you have for employers who are building a case against an employee for a termination for cause?
• If an employee thinks that their boss is building a case of termination for cause against them, what should they do?
• Does an employer still have to provide severance pay in a scenario where there is a for cause termination?
• What are the risks for employers if they terminate for cause, especially if they haven’t built up their case against an employee?

– EMAIL: My employer let me go a week after I came back from a medical leave. I just found an ad online, where they have posted for my replacement. Can they do this?

– Can an employee be punished if they don’t give a fair amount of advance notice of a maternity leave or parental leave?

– EMAIL: I have been given two choices: to reduce my hours of work significantly, or to relocate from Toronto to Barrie. What are my rights? Is this a case of constructive dismissal, meaning termination with severance pay?

– EMAIL: I have not received a pay increase in more than 5 years. Does my employer have to give me a pay increase?

– Can an employer use an employment agreement to get out of paying minimum wage?

– EMAIL: Lior always talks about negotiating severance, but my employer told me that they made me a good severance package offer and won’t increase it. Should I bother having my severance offer reviewed?

– EMAIL: I am a salesperson, and have been with the company for 15 years. The first 8 years I was an Independent Contractor before becoming an employee. I’m 47 years old. How much severance pay should I be getting?

– EMAIL: I suspect that my boss is having a relationship with a coworker of mine. He gives her preferential treatment (the most hours, longer breaks, preference for vacation time). Can I do something about it? Is this a human rights violation?

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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