Employment Law Show 640 Toronto – S9 E63

Episode Summary

Terminations rights during COVID-19, relocating, severance calculations, and more on Season 9 Episode 63 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario 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.

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Episode Notes

I worked for over a year in an IT role. I was let go and was offered a month of severance. Is this accurate?

Short service employees often assume they are owed less severance than they are actually owed. Severance entitlements are based on the age of an employee as well as the position and length of employment. Employment law takes into consideration the possibility of future employment and the potential difficulty in finding a new position.

Employees do not have to accept a severance offer by a deadline.

Employers often implement a deadline in order to pressure employees to accept the initial severance offer. Employees can pursue their severance entitlements up until two years after the initial date of termination.

Severance can amount to up until 24 months of severance.

Severance entitlements are based on a number of factors, including the age of an employee, the length of employment as well as their position. For long service employees and senior employees, typically, the severance entitlements are higher.

LEARN MORE
• Severance in Ontario
• Severance Pay in Alberta
• Severance in BC

Can an employee pursue their severance after filing with the Ministry of Labour?

Upon filing a complaint with the Ministry of Labour regarding termination pay, employees are no longer able to seek additional external legal advice. The Ministry of Labour is only able to advise employees regarding their minimum entitlements.

Employees are entitled to full severance pay despite COVID-19.

Despite potential financial difficulties as a result of the pandemic, employees are still entitled to their full severance. Employees are also still able to pursue a constructive dismissal upon a significant change to the terms of employment.

Is an employee able to pursue severance if they do not wish to relocate?

The degree of relocation will matter in determining whether or not an employee can pursue constructive dismissal. Relocation will have to be significant and be detrimental for an employee.

Employees should not accept a termination for cause at face value.

Employees are often wrongfully dismissed for cause as an employer does not wish to offer severance. It is generally very difficult to prove termination for cause. Employers will have to be able to show evidence of an escalation in terms of discipline as well as no other alternatives other than termination.