Employment Law Show: Ontario – S10 E129

Episode Summary

What are some common myths about severance? Can benefits or allowances be cut? Employment Lawyer Mackenzie Irwin, Associate 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

• Recalled to the office by the employer but has childcare obligations: Employers have a duty to accommodate employees with childcare responsibilities and cannot penalize their employees for childcare obligations. Employees that have been terminated as a result of childcare needs have had their human rights violated as they are protected under family status. Employers could face additional damages as well as having to pay adequate severance.
• Fired for cause and not owed severance: While in the event of termination for cause employees are not owed severance pay, many employers mistakenly let their employees go for cause. Employers have to be able to prove that their employees have exhibited severe misconduct and that there are no alternatives available other than termination. Employees who have been let go for cause should speak to an employment lawyer as soon as possible to determine their rights.
• Accepting severance by a deadline: Employers often take advantage of the stress an employee is under after termination and pressure employees to accept a severance offer. Deadlines to accept severance are a pressure tactic and should not be accepted. Employees have up to two years after the date of termination to pursue their rights.
• Employment contract severance terminology: Employees should always contact an employment lawyer before agreeing to sign an employment contract. Employers will often include terminology to restrict an employee’s rights and future entitlements. It is also important to remember that many termination clauses can be unenforceable.
• Vehicle allowance removed by an employer: Bonuses and allowances can make up a consistent form of employee compensation. Employers cannot change a fundamental term of employment. Employees should be careful to accept a change to their job without voicing dissent as it allows employers to implement more changes in the future.

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.