Employment Law Show: Ontario – S10 E119

Episode Summary

Can employers offer working notice instead of severance pay?  Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.

Listen to the Episode

Show Notes

• Given notice of termination upon business closure but no severance: Employers are within their rights to offer employees working notice however, notice typically counts towards severance. In many cases, employees are owed much more severance than just the working notice period offered. Severance should be calculated based on the age of an employee, years of service and position. The difference must be made up and paid for by employers.
• Harassed by a supervisor or colleague: Employees facing bullying or harassment at work should note that employers are obligated to investigate all claims of harassment and properly resolve the situation. Employees should first, in writing, voice complaints and document all incidents that take place within the workplace.
• Employee misconduct and failing to show up for work: While employers should not and cannot penalize employees due to a medical condition or as a result of taking medical leave, they are within their rights to ask for a doctor’s confirmation that they are unable to work. Employers should also implement disciplinary action once an employee has exhibited misconduct.

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 episodes of our popular TV show.