Employment Law Show 640 Toronto – S8 E100

Episode Summary

Find out the difference between a termination and a layoff, how to incorporate overtime pay into severance, what is considered job abandonment, and more on season 8 episode 100 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

After refusing a big demotion and pay cut my company says I’ve abandoned my position and won’t receive severance. Can they do that?

This situation is a termination and not an abandonment of position, and an employee in these circumstances would be entitled to severance entitlements.

I’d just started a contract position when COVID-19 hit. I was approved for CERB but now the government says there’s no record of my employment. What should I do?

If you are not an employee you don’t receive a formal Record of Employment. It’s important to work with the government and provide as much documentation as possible and communicate with the employer. If an independent contractor works exclusively with a company, they might also be entitled to severance.

My severance offer was based solely on my base salary and not the overtime hours I consistently put in. Is this right?

Severance entitlements also take into consideration overtime pay. If your severance package does not include overtime hours and pay it is important to contact an employment lawyer in order to properly review your entitlements.

Do your severance payments stop if you find a new job?

If an employee finds a job before a settlement is reached within the severance period, the old employer receives a credit from the new employer. Ideally, reaching a settlement with a previous employer before a new job is found is preferable.

What is a termination?

A termination is the end of an employee’s work with a company. It is a decision that was made by the employer and it is permanent.

Are there different types of termination?

Yes, there are different types of terminations, the most common being without cause termination. Without cause termination is when an employer decides to let an employee go and they are not to blame for the termination.

Does my employer have to hire me back from a temporary layoff in the new year?

The government has created the Infectious Disease Emergency Leave and is scheduled to end January 3rd, 2021. This leave can potentially be extended. After this leave ends, employers can transition their employees to regular temporary layoffs. There is no guarantee that an employer will bring employees back. Employees in this situation can treat this layoff as a termination.

I used to work in a restaurant and due to COVID-19, we were laid off. After a few months I received notice I was being terminated. Am I entitled to severance?

If an employee received notice they were terminated, they are entitled to severance. Employers do not automatically offer severance packages to terminated employees.

Can my company legally give me working notice and thus less severance?

Employers can give advanced notice of termination and as long as the end date is clear, the period of time in between would count towards severance entitlements. A portion of severance however has to be paid out and cannot be provided by notice.

Is there any way to file a claim after the two-year mark has passed?

If an employee was formally on a leave of absence, the technical end of employment can be within two years. It is important to take into consideration the deadline to file a claim and keep records of communication.

What is the definition of a layoff?

A layoff is typically temporary and the employer has not terminated the employee permanently but at the present time, the employer does not need them. An employee does not have to accept a temporary layoff and treat it as a termination.