Employment Law Show: Ontario – S10 E136

Episode Summary

Is severance a week per year of service?  Can you force an employee to resign? An employment lawyer 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 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. 

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Show Notes

• Mass Twitter layoff and employee rights: It is important for employees who have been laid off to remember that they do not have to accept an initial offer of severance from their former employee. It is also a misconception that employees working for an American-based company, that they are beholden to American employment laws. Canadian Twitter employees are still entitled to severance in accordance with their own provincial employment laws.
• The assumption that severance is a week per year of service: There is legislation in Ontario that implies a week per year of service however this is a common misconception and is actually a minimum entitlement. Severance is based on a number of factors including the age of an employee, the length of service and the position.
• Employer forcing an employee to retire: Employers are not permitted to force an employee to retire or resign from their positions. Resignations and retirement must be completely voluntary. A forced resignation is considered a termination and the employee forced to leave would be owed severance.
• Changes made to an employee’s job: Employers are not permitted to make fundamental changes to the terms of employment without an employee’s consent. Major changes, such as a dramatic reduction in pay, schedule changes, etc., can be treated as constructive dismissal.

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.