Employment Law Show 980 CKNW – S4 E30

Fired for showing up to work intoxicated, rights when a new owner takes the reins and the Ten Commandments of Termination on season 4 episode 30 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in British Columbia 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

I was laid off temporarily in April due to COVID-19. Can my employer keep extending my layoff?

It is illegal for an employer to place an employee on a temporary layoff, even during the COVID-19 pandemic. The employee has a right to treat the layoff as a termination through a constructive dismissal. They can collect severance pay with our team’s help.

I was fired after showing up to work intoxicated. Can my employer fire me if I have a drinking problem?

Alcoholism is considered a disability. An employer must accommodate an employee suffering from a disability. It is illegal for an employer to fire an employee because of a disability. The move would be considered a human rights violation, and full severance pay would be owed.

The Ten Commandments of Termination of Employment

• Why you should think about termination when you accept a new job

• Why you should not accept a temporary layoff

• You should respond to negative performance reviews or discipline

• Why you shouldn’t commit serious workplace misconduct

• Why you should keep copies of all relevant employment documents

• Why you should keep records of important workplace events

• Why you shouldn’t get employment law advice from your neighbour

• Why you should always assume that your severance offer is inadequate or not enough

• Why you shouldn’t sign termination papers or a severance offer without having it reviewed

• Why you should use the Severance Pay Calculator or call employment lawyer Lior Samfiru

The chiropractor I work for said that if I don’t agree to work for the new owner of the practice, I will be considered to have resigned. Is that true?

When a business is sold, any employees who are not offered a job with the new owner are owed a complete severance package. If an employee chooses not to accept a job with the buyer, they can receive severance. If there is a good reason to reject the job, full common law severance is required. However, if the employee does not have a good reason to turn down the job with the new owner, only minimum severance may apply.

LEARN MORE
• Sale of a company in Ontario: Employee rights
• Company sold in Alberta: Who pays severance?
• Rights for employees when business sold in B.C.

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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