Employment Law Show: Ontario – S10 E87

Episode Summary

Is a week per year of service reasonable severance? Do you have to give notice when quitting? 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. 

Listen to the Episode

Show Notes

• Don’t accept a severance package on the spot: More often than not, employers will undervalue the severance packages they are offering. Alex emphasizes the importance of having a consultation with a lawyer before putting pen to paper. This could be the difference of receiving 2 weeks pay versus 2 years!
• Common law vs. Employment Standards Branch: Alex explains the difference between the employment standards act severance and common law severance. Employment standards can only help you with your MINIMUM entitlements, where an employment lawyer can help you obtain MAXIMUM severance pay under common law.
• Termination without cause: The reasons behind a termination without cause may include restructuring, cost cutting, realignment, or poor work performance. A company can also let you go simply because they don’t like you. As long as the reason for the termination or lay off is not discriminatory, it is completely legal for the employer to terminate your employment if they provide you with proper severance.
• Providing notice to resign or retire: A caller asks Alex how much time they should be providing when retiring or resigning. Alex advises them to look at their employment agreement for a “reasonable notice” period clause, otherwise suggests they should give 2 weeks minimum.
• Employee vs. Independent Contractor: Alex touches on the common misclassification of independent contractors when they should actually be considered an employee.

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 our popular TV show episodes.