Employment Law Show 640 Toronto – S7 E85

Summary

What you need to know about a notice period, when a Toronto employment lawyer can help, and more on Season 7 Episode 79 of the Employment Law Show on Global News Radio 640 Toronto and 980 CFPL in London.

Lior Samfiru is a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP. He reveals your workplace rights in Ontario on the Employment Law Show. 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

Should I wait until my employer calls me back from a temporary layoff?

1:27 – An individual was temporarily laid off for the first time after 16 years on the job because business had slowed down. He was told by his employer that he would be returned to his job 6 weeks later. When those 6 weeks passed, the employer did not recall the employee. The employee was told to wait for a longer period of time on a temporary layoff.

Lior explains that a temporary layoff for any period of time is a termination. When a temporary layoff occurs, the employee can treat their employment as being terminated. They can quit their job and obtain common law severance pay.

Can my new manager fire me after a few warnings?

4:37 – An individual began experiencing trouble with a new manager. The new manager gave warnings for every small mistake the employee made. In the span of two months, the employee had been written up for 6 minor incidents – the first ones during his eight years of employment with the company. All of the write-ups were for insignificant incidents. The individual was fired “for cause” after receiving his sixth warning.

Lior explains that if an employee with a stellar track record starts to receive red flags from a new manager, the problem may in fact lie with that manager. The termination for cause may not be legitimate. It is difficult for a company to prove cause when an employee has built up a strong performance record. The employee in this case would be owed a full 9 months of severance pay.

Does an employer have to pay me severance if they give me enough advance notice of termination?

6:18 – An employer should give their employee’s advance notice of termination. If the employer decides that they don’t want to keep the employee on staff, they can decide to provide severance pay instead. Severance pay in Ontario is an alternative to notice. If an employer fails to provide enough severance pay, they can be sued by a wrongful dismissal lawyer on behalf of the former employee..

How should an employer provide working notice of termination to an employee?

7:43 – An employer should determine the amount of notice of termination they need to provide to an employee. They can do so by calculating notice in the exact same way that they would calculate severance. This is done by taking into account several factors, including the employee’s age, length of service, position, and ability to find new employment. Generally speaking, the more time an employee has had with the company, the longer the notice period.

An employer also needs to note the notice period in writing, and identify an end date for the employee. The end date must be specific to the day.

Can I refuse to accept working notice from my employer?

10:06 – An employee can refuse to accept working notice of termination from their employer, but they forfeit their rights to all compensation if they resign before the final day of the notice period. An employee can try to negotiate with their employer, and attempt to shorten the amount of working notice required.

Does my employer owe me severance pay after the end of my notice period?

11:53 – Lior explains that it is very common for employers to owe laid off employees additional severance pay after the working notice period expires. Employers often don’t give enough notice to employees following a termination. If the amount of notice an employee receives does fall short of what they should actually receive, the company must make up for it severance pay after the notice period.

Can my employer make changes to my job during a notice period?

14:32 – An employer does not have the right to make changes to an employee’s terms of employment. This rule applies during both regular employment and a notice period. The employer, for instance, cannot change an employee’s position or pay them less once they have started a notice period.

Lior explains that an employee who experiences significant changes to their job during a notice period can pursue a constructive dismissal and resign with severance pay.

I have just been let go and given my notice period. What should I do now? Should I continue working?

18:32 – If you are handed a termination date by your employer along with a notice period, you need to contact an employment lawyer at Samfiru Tumarkin LLP to find out if that notice period is fair. There is a good chance that your employer owes you more compensation, which will likely come in the form of severance pay after the notice period comes to an end.

The fastest way to find out the amount of working notice you should receive is by visiting the Severance Pay Calculator.

Lior Samfiru on when you need to use the Pocket Employment Lawyer.

21:05 – The Pocket Employment lawyer is an interactive and free resource that removes the barriers between the public and the information about their employment rights.

Can an employment lawyer help if I am let go from my job with or without cause?

23:15 – When an employee is let go from their job without cause or with cause, an employment lawyer can help that individual find out what their workplace rights are. An expert in employment law can also help that person get the compensation they are owed. A vast majority of people in Ontario receive poor severance offers from their employer. In many cases, an employment lawyer can increase an individual’s severance package in a short period of time. Nearly all severance matters are resolved outside of a courtroom.

Can an employment lawyer help me deal with workplace harassment?

25:13 – Harassment in the workplace is illegal. An employee should not have to experience workplace harassment or bullying. An Employer must create a work environment free of harassment. An employment lawyer works with a company and employee to resolve the issue. If an internal solution isn’t possible, an employment lawyer’s job is to get the employee out of the intolerable workplace with severance pay.

Can an employment lawyer help me when significant changes are made to my job without my permission?

26:28 – Sometimes companies make either an obvious or subtle change to an employee’s job. This is something that an employer generally does not have the power to do. They cannot make big changes to the terms of employment. If an employer does alter a workers job, it could create a constructive dismissal. In this situation, an employee has the ability to reject the changes, resign from their job, and obtain a severance package.

Can an employment lawyer help me when I am put on a Temporary Layoff?

28:21 – Lior explains that in most cases a temporary layoff is actually a termination with severance pay.

Can an employment lawyer help me when I need to sign a new employment agreement?

30:47 – An employment contract (or employment agreement) is one of the most important documents an employee will ever sign. While it contains the details of your employment (salary, position, number of vacation days) it also contains clauses and terms that may limit your rights.

You should not sign an employment contract without getting advice from one of the employment lawyers at Samfiru Tumarkin LLP. One of the most popular parts of an employment contract is the termination clause. This section seeks to limit the amount of severance pay your employer must pay upon termination of your employment. We can help you identify the shortcomings in your contract, and help you negotiate with your employer.

I was fired without severance pay after my employer caught me looking for another job. What are my rights?

34:45 – An employer doesn’t have the right to let you go for cause (without severance pay) simply because you were looking for a new job. The company can decide that they don’t want you job surfing while working for them, however they have an obligation to give you a fair severance package.

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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