Employment Law Show: Ontario – S10 E153

Episode Summary

Are termination clauses enforceable if signed by an employee? 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

• Part-time employee termination rights: Employees that work casual part-time hours must still be owed severance pay upon termination. Seniority continues despite a change of employment status from part-time to full-time. It is important to count all years of service, particularly upon termination in order to determine adequate severance pay.
• Employment contract with severance clause: Many employment contracts signed by employees after years of employment are typically not enforceable if it does contain a termination clause. It is important before signing an employment contract, for employees to seek legal advice from an employment lawyer.
• Put on a performance improvement plan: Employers will often implement a performance improvement plan in order to build a case for a termination for cause. Employees that do not agree with performance discipline and criticism should state their disagreement in writing. By voicing dissent for a performance plan, employers will have more difficulty proving a for-cause termination.

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