Employment Law Show: Alberta & B.C. – S6 E24

Episode Summary

What are short-service employees’ severance entitlements? Can employers refuse to accommodate a medical condition? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers this question and more on the Employment Law Show. 

LISTEN BELOW to Western Canada’s only radio show about your employment rights in the workplace, every Sunday at 4 p.m. PT on 980 CKNW in Vancouver, and 5 p.m. MT on 770 CHQR in Calgary and 640 CHED in Edmonton, as the show takes calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Short-service employee severance in a layoff: Many short-service employees mistakenly believe that they are not owed much severance pay and compensation if terminated. In many cases, short-service employees are owed comparatively more severance pay than longer-service employees.
• Not recalled to work despite lack of vaccine policy: Many employers are removing their mandatory vaccine policies however have not recalled all of their employees. Employees do not have to accept a layoff and can treat their employment as terminated and pursue their severance entitlements.
• Returning to work from a disability leave: Employers cannot decide whether or not an employee is ready for work or ask for specifics regarding an employee’s medical condition. Employees should provide their employer with a note from their doctor detailing their ability to work and possible restrictions. Employers have an obligation to accommodate an employee’s medical condition.
• Employee contract no longer renewed: Employees that have signed several contracts for the same employers are no longer considered employees on a contract. but regular employees. After approximately three signed employment contracts, individuals are considered indefinite employees that are owed severance pay if a contract is not renewed.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
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