Employment Law Show 640 Toronto – S8 E86

Terminated after recruitment, reasons employees accept bad severance packages, a refusal to complete a drug test requested by an employer and more on season 8 episode 86 of the Employment Law Show on Global News Radio 640 Toronto.

Employment Lawyer Jon Pinkus at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Jon shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

What We Covered

My company is offering me a demotion or a small severance package. What should I do?

You are not obligated to accept either offer. A change in duties and pay can be seen as constructive dismissal. It is also important to note you do not have to accept a severance package that is offered and should speak to an employment lawyer to go over what is offered.

If I have been recruited from another company and let go by my current employer, what are my entitlements?

The law does consider how many years you worked in a previous position if recruited in order to properly calculate what you are owed in severance.

What are some reasons people accept bad severance packages?

Many people don’t realize they are entitled to more than what they’re offered.

My husband is being offered severance in relation to his recent demoted position. What should he do?

If an employee has accepted the new position, the new pay will factor into the calculation for severance. However, the amount of years spent at the company will also factor.

After refusing to take a drug test requested by my employer I was terminated. Is this allowed?

In certain circumstances, employers are allowed to request drug tests but there has to be a reason for the request.

If I work part-time hours am I still entitled to severance pay if let go?

Part-time workers are still entitled to severance pay; severance will be based on a part-time salary.

Can relying on advice from the Ministry of Labour regarding severance be problematic?

The Ministry of Labour cannot provide information if you have been temporarily laid off or if seeking full severance entitlements.

My employer is offering severance but says they will cut me off I find a new job. Is this legal?

This is legal as an employer is obligated to pay on the premise that an employee is out of work.

Do employees accept bad severance packages due to a fear of upsetting their former employer?

It is important to remember that your employer has just terminated your employment and negotiating severance is ultimately a business negotiation.

Do severance deadlines impact whether or not an employee will accept a bad severance offer?

Many termination papers have deadlines however this deadline is mostly for the employer’s own closure and not in the employee’s best interest.

Does a termination for cause impact whether or not an employee will accept a severance package?

A termination for cause is a serious termination and has to be earned. Usually, a termination for cause is not enforcible and employees are owed severance.

Does the prospect of legal fees impact an acceptance of a severance package?

While an understandable concern, there are numerous payment options usually offered by an employment lawyer.

My wife needs someone to care for her after surgery so I asked my employer if I can take time off to care for her. They asked me a lot of personal questions in response. Is this legal?

An employee in this situation could be eligible for Family Caregiver Leave, which will entitle the employee to up to eight weeks in order to care for their spouse.

How long does it take to pursue a better severance package?

Severance packages rarely end up in court as it is a straight forward situation and in the employer’s best interest for it to be resolved quicker.

Are independent contractors eligible for proper severance?

Many companies use the excuse that their employees are independent contractors despite the fact that they are technically employees and owed more severance.

Is negotiating for a better severance package yourself in your best interest?

For the most part, if advocating for yourself employers don’t often take employees seriously as employees often make concessions for their employer.

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 Toronto.

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