Employment Hour 640 Toronto – S6 E95

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 office administrator worked weekdays 9 to 5. She started working overtime hours, but her boss didn’t want to pay her for the overtime hours, and said she owed him the hours. She quit. Is overtime and severance pay owed through constructive dismissal?

CALLER: I’m a sales rep, and half of my pay is commission. My employer is withholding some of our commission as a form of punishment. Can my boss withhold my commission payment? Would this constitute a constructive dismissal?

CALLER: I was fired last week after only 3 weeks with the company. They heard I was looking for part-time work on the side. I didn’t sign an employment agreement. Am I owed severance pay as a short-service employee?

EMAIL: I have never taken more than 1 week of vacation in the five years at the company. I want to take 2 weeks off during the holidays, but my boss said no. What can I do?

CALLER: My boss is trying to get us to sign new employment contracts that would impact our employment and reduce our severance pay. We have all refused. Now he’s threatening to give us 2 years of working notice!

CALLER: My friend’s boss has told employees that can now work as much as they want, and not have to worry about overtime pay. My friend is in sales, and earns salary plus commission. Can her employer do this?

CALLER: My wife is trying to go on stress leave from work, but her doctor is not approving it. How do you qualify for stress leave, and how long should a stress leave be?

CALLER: My fixed-term contract was ended 4 months early after I was off work following an injury. My boss told me that I was being fired because an employee had complained about me. I was a manager.

EMAIL: I’ve been working for my employer for the last year. I’m considered part-time, but work I work 30 to 35 hours a week. I think they’ll be letting me go. Do I lose my severance because I’m not a full-time employee?

EMAIL: I’ve been struggling with a drinking problem for the last year. I think my employer is starting to suspect that something is wrong. I’m afraid I may be let go because of it. If I am fired, is there anything I can do?

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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