The Employment Law Show

Employment Hour 980 CKNW – S3 E14

A headshot of Employment Lawyer Lior Samfiru, Co-founding Partner at Samfiru Tumarkin LLP, to the right of the Employment Law Show logo. He hosts the show on various Global News radio stations.

Summary

A Vancouver employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in British Columbia and shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

The truth about termination for cause, severance entitlement, employment contracts, changing terms of employment and MORE on The Employment Hour on 980 CKNW with a Vancouver employment lawyer.

Chapter 1:

Am I entitled to severance if I question or refuse a new employment contract?

An employee had worked for a company for 18 years when the business was purchased.  He was offered the same position by the new employer but with major changes to his employment.  The contract limited his severance entitlements as well as a number of different aspects of his employment entitlements. When he questioned the contract he was offered, the new employer rescinded his offer.  The company wanted to treat this as the employee had rejected the offer and wasn’t entitled to severance due to this.

Chapter 2:

What determines whether an employee is an independent contractor or an employee?

An employer wanted to transfer an employee to be an independent contractor.  This limits the severance and vacation entitlement of the workers.  This change has to be reflected by the working relationship.  If your worker has no control over the situation, working equipment, hours of work, etc., you are more likely to be characterized as an employee.  It is important to understand that characterization of law when determining if you have an employee or an independent contractor.

Chapter 3:

Changes in The Workplace

  • Can an employer make changes to an employee’s terms of employment?
  • What is consideration when making changes to terms of employment?
  • What counts as an essential term or condition of employment?
  • What are an employee’s options if an employer tries to make changes to an essential term of employment?

Chapter 4:

What should I do when my previous employer doesn’t want to provide me with my common law entitlements?

I’ve worked for the same employer for 8 years.  I was told that my employment was ending by the end of the month.  I was told that I would only be provided with a record of employment and no further documentation or severance.

Chapter 5:

Changes in The Workplace

  • What should you do if your employer makes small changes over time to your terms of employment that result in a larger change overall?

Chapter 5

How many warnings does an employer need to give before they can terminate for cause?


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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