Employment Law Show: Ontario – S10 E127

Episode Summary

What rights does your employer have to demote you? What is a fixed-term 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

• Fixed-term contracts and severance: Employees that are on employed on a fixed-term contract should be aware of their rights in regard to severance pay if they are let go before the agreed-upon date. The balance of the contract is owed to those who are let go before the end of their contract.
• Job changed as employee returns from medical leave: Regardless of medical leave, an employer cannot decide to demote an employee without consent even if a specific title has not changed. A major change to the terms of employment is considered a reason for constructive dismissal. A demotion or major change as a result of sick leave could be a human rights violation.
• Resignation handed in but terminated on the spot: Employees are within their rights to hand in a two-week notice of resignation. Employers that force employees instead to resign on the spot owe compensation for the notice period given.
• Documenting everything in writing: It is important to understand that in order to enforce rights, the written word is vital for possible further legal action. In the event of harassment, a refusal to get a raise or promotion, etc, reports and documentation act as evidence.
• Employee pressured to take a role and then let go: It is important for employees who have been let go after a short period of time to understand that they are owed severance pay if they did not agree to a probation period. Probation is not automatic and must be stated at the start of employment. Employees that have been recruited might be owed additional compensation along with 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 episodes of our popular TV show.