Employment Law Show: Ontario – S10 E138

Episode Summary

Can you be fired for taking disability leave? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question 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

• Short-service employees and severance: Many employees that have not been employed for more than a year at a job are still owed severance pay upon termination. In many cases, short-service employees are owed comparatively more severance in contrast to long-service employees. Severance calculations also take into account the probability of future employment and how easy that will be.
• New hires making a higher salary than a current manager: Employers are not obligated to offer their employees a raise or promotion and do not necessarily have to ensure that employed staff makes a higher wage.
• Terminating an employee returning from disability leave: Employers cannot penalize or terminate an employee as a result of taking disability leave or due to a medical condition; it is considered a human rights violation. Employers who legitimately do not have a job available for an employee returning from leave must offer adequate severance pay if no comparable position exists.

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.