Employment Law Show: Ontario – S10 E88

Episode Summary

Were you fired without cause? What rights do seasonal employees have? An employment lawyer 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

• Shopify layoffs: The lawyer opens the show by discussing the recent layoffs at tech company, Shopify. The company cut 10 per cent of their global workforce in July. If you are a non-unionized employee at Shopify who has been affected by the layoffs, contact an employment lawyer immediately before accepting any package the company may be offering.
• Terminated for cause vs. without cause: The lawyer explains the difference between a termination for cause versus without cause and how it affects the employees severance entitlements. A termination for cause is reserved for the most extreme circumstances, so even if your employer is claiming there is cause, it is very likely to be invalid.
• Severance package deadlines: If your employer has imposed a deadline on a severance package offer, your best course of action is to ignore it. Severance offer deadlines are a pressure tactic to make you accept a poor offer. You have two years from the date of termination to pursue severance.
• Should you go to the Ministry of Labour if you’re terminated?: The lawyer emphasizes that you should not go to the Ministry of Labour for a termination case. The Ministry can only help you get your MINIMUM entitlements, whereas an employment lawyer can get your MAXIMUM entitlements under common law. This could be the difference of 8 weeks severance pay and 8 months!
• Can you get out of a file that’s been started with the Ministry of Labour?: If you already have a case with the Ministry of Labour, and it is still within the first two weeks since starting the claim, he suggests you do not pursue that any further and consult with an employment lawyer instead.
• Seasonal employment and severance pay: Did you know that seasonal employees can be entitled to severance pay? Tune in to learn more as the lawyer explains seasonal workers rights.
• How to calculate severance pay: The lawyer discusses the various factors that must be considered to calculate severance pay, including: age, length of service, position, and ability to find new comparable employment.
• Employment contracts: The lawyer discusses different clauses that may be in your employment contract and explains how enforceable they are. If you have questions about your contract, have it reviewed by an employment lawyer to better understand your rights and ensure your employer is fulfilling their obligations.

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.