Employment Law Show: Ontario – S10 E72

Episode Summary

Can you fire an employee due to their age? Does advance notice negate severance pay? 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

• Severance considering salary and commission: Employees need to consider the amount of severance that they are initially offered by their employer upon termination as it is rarely adequate. It is also important to note that the main factors for calculating severance are based on the age of an employee, the length of employment as well as the position. Every element of compensation must also be taken into consideration, including commission, annual bonuses, etc.
• Co-op placement injury: The Workplace Safety and Insurance Board in Ontario provides subsidized insurance coverage for employees who are injured at work. Students on unpaid co-op placements should also be eligible for WSIB.
• Firing an older employee due to the age: Employers cannot terminate an employee due to their age it is considered discriminatory. There is no mandatory age at which an employee must retire in Ontario.
• Employers suggesting older employees resign: Employers cannot pressure or force an employee to resign due to their age. This is effectively terminating an employee and once again violating an employee’s human rights. Employers who feel that an employee is no longer productive could suggest training and help in order to improve an employee’s performance. Employees who are struggling should speak to their doctor and ask for potential accommodations from their employer.
• Advance notice given and no severance: Employers are within their rights to offer working notice to employees however in most cases additional severance will be given. Severance for long-service employees could be owed up to 24 months of severance pay.

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. 
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