Employment Law Show: Ontario – S10 E144

Episode Summary

Do previous years of service count if recruited to a new job?  Employment Lawyer Stan Fainzilberg, Partner 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 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. 

Listen to the Episode

Show Notes

• Court reduced employee damages but appealed: It is important for employees to note that there is no obligation to look for a new job that offers lesser pay than their previous position after termination. A vital aspect of litigation should note that employees when looking for new employment, are able to pursue comparable positions.
• Elon Musk Twitter ultimatum: Employees in Ontario are entitled to different rights than those in the U.S. Canadian Twitter employees should note that there are laws pertaining to changing the terms of employment without an employee’s consent, as well as entitlements surrounding severance pay.
• Recruited by a new employer and years of service: Employees that have been recruited by another employer have been induced to start a new job and leave their current position. An employment contract becomes vital if an employee has been induced from a current position to a new company, particularly regarding probation periods.
• Laid off by employment agency after decades of service: Employees that have worked long-term for a single employment agency are employed not only by the agency but the company that they were sent to work at. In the event of an eventual termination, they would be owed severance pay from the company.
• A new company wants an individual to stay on as a contractor: It is important for individuals who have been labelled a contractor to seek legal advice from an employment lawyer to determine if they have been labelled inaccurately. Employees are often misclassified as independent contractors and lose out on important rights and protections.

Need an employment lawyer?

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• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job. Used successfully by nearly 2 million Canadians. 
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