Employment Law Show: Ontario – S10 E126

Episode Summary

How is severance calculated? If your company is sold, are you owed severance? Employment Lawyer Stan Fainzilberg, Partner 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 catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Laid off during the pandemic then terminated through an agency: In some cases, there is a question of which company and or agency owes the terminated employee severance. Many employees employed through agencies are incorrectly classified as independent contractors when they do not have control over their schedule, pay, etc.
• The business being sold and the new buyers not employing workers: In the event of a sale of a company, the new buyer can rehire all of the previous employees and take into consideration the years of service of employees. Employees not employed after the sale of their company are entitled to severance pay from their former employers.
• Unable to return to current job due to injuries: In some cases, through no party’s fault and due to a medical condition, the employment relationship cannot continue and a contract is frustrated. Employees that are unable to return to their work are owed their minimum severance entitlements. Employees that are given accommodations by a treating medical team must be taken back by their employer and cannot be penalized or terminated as a result of their condition.
• Severance calculations and general rule: Many employees mistakenly believe that there is a rule of thumb that applies to severance calculations and that it is typically two weeks per year of service. In reality, full severance entitlements take into consideration the years of service of an employee, the age, and the position.

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.