Employment Hour 640 Toronto – S6 E96

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: A salesperson earned salary plus commission. The company decided to reduce his salary and increase commission pay. Can his employer change his compensation, even if it doesn’t change the amount he earns? Is this a constructive dismissal?

– WEEK THAT WAS #2: An employee was let go, and was presented with a severance pay offer in a meeting. They told her that she had to sign the offer before leaving the meeting. Is that legal? Would this constitute signing under duress?

– EMPLOYMENT AGREEMENTS

• Why should we care about an employment agreement?
• Is it a good idea to have a written employment contract?
• Is a longer, more detailed employment agreement better for an employee?
• What should an employee be looking for a new employment agreement?
• Read the Terms of termination of employment in an employment contract before signing
• Does your employment agreement allow the company to change the terms of your employment?
• Why you should watch out for a non-competition clause in your employment agreement
• What is a non-solicitation clause in an employment contract?
• Can terms in an employment agreement be negotiated?
• Can you ask a company that has headhunted you to change the terms in an employment contract?
• When are terms in an employment agreement not enforceable?
• If an employer asks an existing employee to sign a new employment agreement, is the employee required to sign it? Is it enforceable? What should you do?

– EMAIL: I’m a private school teacher, and my contract gets renewed at the end of the school year. I just found out that I’m pregnant, and I’m worried that they won’t renew my contract. Can they do that?

– EMAIL: I applied for a job. I went through 2 interviews and was offered the position. 2 days before I was supposed to start, they decided not to hire me after all. I’m angry. Is there anything I can do about this?

– EMAIL: My job title is Sales Manager, but I don’t manage anyone. My boss says that because I’m a manager, I don’t qualify for overtime. Am I actually owed overtime pay?

– EMAIL: After my company let me go, I told them I believed they owed me more severance. A day later, I received another termination letter that said I was being fired for cause without any severance. What do I do now?

– EMAIL: The sales targets at my job have been increased by about 30%. I get bonuses based on meeting targets, so my compensation will be drastically reduced. What do I do?

– EMAIL: My boss regularly makes comments about how I look and the clothes I’m wearing. This makes me very uncomfortable. What do I 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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