Employment Hour 640 Toronto – S7 E42

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

Why commission changes mean severance pay, maternity leave rights, income errors, why you don’t need to sue to get a fair severance package and MORE on The Employment Hour.

Chapter 1:

Car Salesperson & Change in Compensation

A car salesperson worked on the same commission structure for 10 years. The car dealership announced that they would be selling cars at a much lower price, which would affect commission earned by the salespeople. Lior explains why this is Constructive Dismissal, and what that means.

Chapter 2:

What Severance Pay is Based On

Is Severance Pay based on the amount of money you earn at the time of termination, or is it based on your average salary over the time you spent at the company?

Chapter 3:

Maternity Leave, Promotion & Human Rights Violation

While on Maternity Leave, an employee learned that a promotion was available at the company. She was told it was only available to more senior employees. It was ultimately given to a less senior employee. Lior explains why this may have been a human rights violation

Chapter 4:

Fired After WSIB Benefits Cut Off

I was injured at work and went on WSIB benefits and modified duties after 5 weeks on the job. I was cut off WSIB and then fired by my employer on the same day. My record of employment now says that I was “laid off”. What are my rights?

Chapter 5:

Impacts of Change in Commission

A caller asks Lior a question related to The Week That Was discussed in Chapter 1 of this episode.

Chapter 6:

Severance for Driver at Courier Company

I was laid off as an employee from a courier company 2 months ago. I was there for 6 years. My boss said he didn’t need me anymore and that I wasn’t owed anything. Was he allowed to let me go?

Chapter 7:

What happens during a severance package review?

What happens when somebody calls us to review a severance package?

Chapter 8:

Ministry of Labour Complaint Against an Employer

I’m an employer who let go 2 employees at the end of the season. They have gone to the Ministry Labour and claimed that I owe them money. Why are employees allowed to file a complaint without any proof and put the onus on the employer?

Chapter 9:

How Often Do People Have Their Severance Package Reviewed?

Chapter 10:

Employer Fails to Issue Record of Employment

My friend has been off work for over a month from a body shop due to a pinched nerve. He has medical support from his doctor, but his employer refuses to sign paperwork to allow him to take EI. What can he do?

Chapter 11:

Failure to Pay HST to CRA

I worked as a subcontractor for over a year, and was not paid HST. The CRA now wants me to submit HST to the government. What can I do?

Chapter 12:

Error in Calculating Income & Limitation Period

If my employer made an error on how they calculated my income, how far back do they have to go in order to fix their mistake and pay me what I am owed?

Chapter 13:

Why You Don’t Have to Sue to Get Severance

Chapter 14:

Change in Control Clause

What is a Change in Control Clause and how does it work when specified in an employment contract?

Chapter 15:

Does Maternity Leave Promotion Become Permanent?

If I take a promotion to cover an 18-month Maternity Leave, does the amount of time working in the role make my promotion permanent?

Chapter 16:

Problem with Employee Who Works Remotely

I am having issues with an employee who works remotely but is not really doing her job. What are my rights, and what should 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 an employment lawyer.

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