Employment Hour 640 Toronto – S7 E27

Summary

Rights to overtime pay, difference between termination pay and severance pay, constructive dismissal and more on Season 7 Episode 27 of the Employment Law Show on Global News Radio 640 Toronto and 980 CFPL in London.

Employment Lawyer David Vaughan, partner at Samfiru Tumarkin LLP, reveals your workplace rights in Ontario on the Employment Law Show. 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

0:54 – A company changes office locations resulting in a 1 hour plus commute for an employee. This impacted child care options for the employee and resulted in a constructive dismissal.

Week That Was #2

4:53 – An employee was offered 3 months of severance after 6 years of service in a labour position. Due to an injury the employee’s ability to find future work was negative impacted and the severance was increased to reflect this.

Overtime Pay in a Medical Office

8:21 – My daughter in-law is 21 and has been working for a medical office for 17 months. Her pay is provided by two separate employers and she doesn’t receive overtime because of this. What can she do about this?

Can my employer terminate my employment?

14:36 – David explains that an employer can terminate your employment for almost any reason. If the reason is not a discriminatory one, and you receive full severance pay, the termination without cause is legitimate. If your employer fires you without cause, but does not provide severance pay, you can pursue a wrongful dismissal through one of our wrongful dismissal lawyers.

Employee’s services in mental health field no longer required

16:13 – My mother has worked in the mental health field for 50 years. She was informed by her reporting manager that her services were no longer required and wasn’t given severance.

If my employee turns in a resignation notice with a longer duration before their departure, what is the employers obligation in this situation?

20:26 – David answers this question.

I received a severance package a few years back that offered severance pay immediately or as an option to be withdrawn over the years but was not terminated, it was offered to all staff. Once taken, there was no more offered. Is this correct?

23:21 – David responds to this caller’s question.

As a project manager and a salaried employee I don’t get paid overtime. Is it appropriate to be scheduled to do overtime work consistently by my boss?

27:39 – David answers this question about overtime pay.

If a company reduces my benefits significantly, is that grounds for constructive dismissal? If I was to work somewhere else, would I have to adhere to a probationary period?

30:55 – David explains that a constructive dismissal in Ontario may occur if an employer makes any significant changes to the terms of employment. The employee can opt to walk away from their job with a full severance package.

What is the difference between termination pay and severance pay?

34:37 – David explains that termination pay and severance pay essentially mean the same thing.

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 an employment lawyer Toronto, or an employment lawyer in Mississauga.

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