Employment Hour 640 Toronto – S7 E47

Summary

Toronto Employment Lawyer David Vaughan, partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario.

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

Chapter 1:

What are short service employees entitled to for severance?

A 62-year-old short service employee. He was let go and received the minimum per the employment standards act.  He assumed short service employees weren’t entitled to a large amount of severance pay. What are short service employees entitled to where severance is concerned?

Chapter 2:

What qualifies as a for cause termination?

A project manager with 8 years of service had a recent project that didn’t go well.  He had no other issues on his record prior to this incident but was let go by his employer due to the issues that arose during the project.  He was terminated for cause on this basis.  Is this a valid termination for cause?

Chapter 3:

Is it more difficult to terminate for cause if the employee has been working for the company for a longer time?

Are you entitled to severance if you’ve only worked somewhere for a short period of time (for instance, 2-3 months)?

Chapter 4:

Are my employers allowed to track my phone and vehicle?

I am a sales rep and I have a company vehicle and cell phone.  Are my employers allowed to track my phone and vehicle?

Chapter 5:

What can I do if I was laid off without notice and not given any record of this?

My shift manager laid me off and gave me my papers.  I went to talk to the management team and was told that they had no record of this.  I was told that the company would lay me off with the goal to make me quit so that I wouldn’t be owed any severance.  What can I do in this situation?

Chapter 6:

How do I determine my severance entitlement if I have worked both full and part-time hours?

I have been working for a company off and on for the last 10 – 16 years.  My hours of work went between full and part-time, how do I determine what my severance entitlement based on this?

Chapter 7:

A member of my staff has been off for a long period of time due to multiple deaths in the family, is there anything I should do to prepare for her return?

I am an employer and I have an employee who I hired in 2017, her father and mother died within the same year.  She has now been off for a year due to these family issues.  What should I do when my employee returns to make sure she is successful?  Are there any things I should be aware of as an employer?

Chapter 8:

 Should I sign a new employment agreement if it limits my severance?

I have been working for 12 years with my current company.  I have been offered a new position and promotion but am required to sign a new contract with it.  There are termination clauses limiting my severance entitlements in it.  What should I do about this?

Chapter 9:

What are my entitlements if I have been given notice that the company is shutting down?

I work in a factory that will be closing down at the end of the year. I have been asked to remain until the factory is closed, does this count as working notice or will I receive a full severance package?

Chapter 10:

Can my employer force me to sign a document that strips me of my right to severance pay?

My wife is a dental hygienist and works for a practice that will be sold next year. Her current employer is asking that the staff sign a waiver that the new owner has the right to lay off staff without notice or severance entitlement.  Is it legal for her employer to ask her to give up her rights? David talks about severance pay for dental hygienists.

LEARN MORE
• Who pays severance when a business is sold in Ontario?
• Sale of business in Alberta: Employee rights
• How does severance work when a B.C. business is sold?

Chapter 11:

Do my entitlements change if I move from full-time to part-time work?

I have been working for 20 years full time but have been hoping to get a part-time agreement.  If I leave a full-time position for a part-time position will I be entitled to severance if I am terminated from the position?

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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