Employment Hour 640 Toronto – S7 E46

Episode 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.

Listen to the Episode

Show Notes

• Severance for short service employees: Short service employees are entitled to severance when they lose their job. A woman who worked for a year and a half in a specialized role in a science-based environment.  She was offered 2 weeks of severance, but her entitlements were much more.
• Payout for unused vacation days: My company was acquired about 2 years go by an American based company.  The company previously allowed us to get paid out for our vacation entitlement at the end of the year.  The new owner no longer pays out any vacation days. Are they allowed to do this?
• Severance when fired during probation period: An engineer was recruited by a new company and had a probation period during her new position. In her first few weeks on the new job she felt there wasn’t a lot of work for her to do.  After 3 weeks her employer terminated her stating that there wasn’t enough work.  She was let go without severance via her probationary clause. Are you entitled to severance if you are terminated during a probation period?
• Position given to my supervisor: I was working for a manufacturer who brought a manager from a sister site.  During her time in our company, this manager would give me tasks that were inefficient and slow down my work. After a few months of this I was terminated, and my position was given to the manager.
• Severance pay and working notice: If you are laid off by a company and they give you working notice, it is extremely likely that you are owed additional severance pay after the notice period runs out.
• Fired after a 2 week vacation: I have been working for my employer for just under 2 years.  I went on a 2 week vacation that was approved.  After returning from my vacation I was terminated because my services were no longer required.  What are my rights in this situation?
• Paying employer for sick days after a termination: A friend was off sick from work, and was paid during her absence, she has had a number of issues recently.  Her employment was terminated and the employer is requesting her to pay back any sick days that she took past her entitlement.  Can the employer maker he pay back her sick days?
• Overtime when travelling for work: For the past 5-6 years I have accompanied my boss to conventions, which requires a significant amount of overtime.  My boss has said that I am not entitled to overtime pay during this because it’s like being on vacation.  Am I entitled to overtime hours if I am travelling for work?
• Biggest Mistakes Most Employers Make:
  • Not understanding the difference between Common Law and the Employment Standards Act.
  • Temporary Layoffs
  • Believing they can change the terms of employment at will
  • Not providing a notice of termination in writing
  • Not having employees sign employment agreements or entering into unenforceable agreements
  • Probation periods are often assumed
• Minimum time in a job to qualify for severance
• Are federally regulated companies required to pay overtime

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.

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