Employment Law Show: Ontario – S10 E68

Episode Summary

Are those employed in the trades owed severance pay? When can you fire an employee for cause? Employment Lawyer Alex Lucifero, a managing partner 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, Mondays to Thursdays, on 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

• A new manager makes changes and terminates the plumber without severance: It is a common misconception that employees in the trades are not entitled to severance pay. Severance or individuals in the trades are still entitled to severance that is based on their age, length of service as well as position within their company.
• Termination for cause too soon: Employers before terminating an employee for cause must compile evidence to prove no alternative measures were possible. Disciplinary action must be taken before termination for cause can be implemented. Termination for cause can only be implemented for serious and willful misconduct exhibited by an employee and not simple mistakes.
• An employer misclassified an employee as a contractor to save money: Employees are often misclassified by employers as independent contractors when they are in fact employees. Employees can also misconstrue their own classification and are not aware of the rights and protections that should be given to them. Misclassifications often occur for tradespeople and those employed in construction.
• An employee is terminated before a bonus payment: Employers can and often terminate employees before a bonus payment is given in order to save money. Despite the timing of their termination, employees are owed severance pay which encompasses all components of compensation including an annual bonus. Employers who fail to include a bonus or commission payment in a severance package have wrongfully dismissed their employees.
• Let go during maternity or parental leave: Employers might have a legitimate reason for terminating an employee while on maternity or parental leave however must take the leave into consideration. Employers have an obligation to find a comparable position for the employee currently on maternity or parental leave.

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.