Employment Law Show: Ontario – S10 E90

Episode Summary

Questions about severance after termination? What can employees on a layoff expect? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader 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

• What to do if your employer is forcing you to resign: Lior advises listeners on what to do if your employer seems to be forcing you to resign. As difficult as it may be to stay, if you wait to be terminated your employer is obligated to pay you severance. Do not resign before consulting with an employment lawyer.
• Workplace harassment: Lior discusses harassment in the workplace, the importance of raising concerns, your employer’s duty to investigate, and at what point you may be able to leave with severance by pursuing a constructive dismissal claim.
• Vaccine mandates in the workplace: Still a ‘hot topic,’ Lior talks about employment rights when it comes to vaccine mandates in the workplace.
• Employment agreements: In Lior’s experience, he mentions that it is very rare for employers to ask their staff to sign a new employment agreement that benefits the employee. He also advises listeners that in order to legitimize the new employment agreement, the employer must offer the employee something in return for their signature, such as a bonus.
• Duty to accommodate: Did you know that employer’s have a duty to accommodate any employee who is unable to perform their job due to reasons protected under the human rights code? Lior also discusses undue hardship, which exempts employers from having to provide accommodation if it becomes unreasonable, too expensive, or too difficult.
• Disciplining or terminating a pregnant employee: It is both illegal and a human rights violation for an employer to punish or fire an employee on the basis of their pregnancy. If you are a pregnant employee, or an employee on maternity leave, your employer has an obligation to protect your job. Consult with a lawyer immediately if they are not fulfilling this obligation and are creating a difficult work environment for you.
• Fair severance? Think again: Lior advises employees to never assume that the severance package being offered is fair, especially if they work for a big corporation. Always have it reviewed by an employment lawyer, as it could be the difference of 8 weeks severance and 8 months!
• Overtime pay: Lior talks about overtime pay rights in Ontario, and what to do if your employer is not paying you properly.
• Termination for cause vs. without cause: Lior 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.
• Temporary layoffs: Did you know that temporary layoffs are illegal, and you can actually treat one as a termination and pursue severance? Tune into the show to learn more as Lior discusses everything you need to know if you are put on a temporary layoff.

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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