Employment Law Show: Alberta & B.C. – S7 E02

Episode Summary

Can you be forced to accept a severance offer? Can you be fired while on maternity leave? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers these questions 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

• While on parental leave terminated: Employers cannot preemptively decide to terminate an employee while they are on leave. Employers are obligated to offer the same position to employees returning from maternity or parental leave. Employers that fail to do so could face human rights damages. In the event a position legitimately no longer exists, a comparable position must be found or adequate severance pay offered.
• Severance after a contract ends: Employees that have been hired on a fixed-term contract must be given the balance of the contract if they are terminated before the contract ends.
• Terminated for “just cause”: Employees that are terminated for cause are not owed severance pay. Employers often incorrectly terminate an employee for cause and in fact, have wrongfully dismissed their staff. Termination for cause is difficult to prove and should only occur in the event of serious misconduct exhibited by an employee. Employers have to show that a case has been built, such as prior warnings and disciplinary measures, in order to accurately let an employee go for cause.
• Pressured to accept a severance offer: Before agreeing to sign a severance offer employees should speak to an employment lawyer and determine their entitlements. Employers often impose deadlines as a pressure tactic in order to ensure an employee accepts an initial offer. Employees have up to two years after the date of termination to pursue their severance entitlements.

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. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.