Employment Law Show: Ontario – S10 E123

Episode Summary

What are you owed if your company is sold? Should you sign a new contract? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers those questions 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• The employee continued to work with the new owner after the sale but eventually let go: In the event of a sale of a business, employees that continue to work for a new employer should consider the actual number of years of service. Once a business has been sold, typically seniority of an employee continues. This is particularly important in determining severance pay.
• Former employer reaching out to employee instead of lawyer: Once a wrongful dismissal suit has been filed, it is important for employees to trust their employment lawyer to pursue the right amount of severance pay from a former employer. Employers that are aware that they have not offered an adequate amount can and might attempt to communicate without legal representatives present in order to pressure their former employees to accept an inadequate package.
• Signing an employment agreement without legal advice: Employees typically look for basic inclusions in an employment contract, such as benefits and salary, vacation, etc. It is important to contact an employment lawyer to ensure that there are no terms limiting a future severance entitlement.
• Accepting a temporary layoff: Employers do not have the right to demand an employee accept a temporary layoff or another major change to the terms of employment. Employees that initially accept a layoff, or a big pay cut, have given their employer the right to implement changes in the future. A major change without consent in the workplace can lead to constructive dismissal.
• Bullying and abuse from a manager: All employees have the right to work in a safe and harassment-free environment. It is important to document in writing all incidents of bullying and harassment. After bringing forth complaints of harassment, an employer or HR is obligated to investigate all claims and resolve the situation.

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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