Employment Law Show: Ontario – S10 E92

Episode Summary

When should you pursue a human rights claim? How is severance calculated? 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 on 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

• What happens to your commissions if you are let go?: The lawyer opens the show by discussing employee rights for commission workers, and emphasizes that if you are let go, your employer has a legal obligation to pay you any remaining commissions. Don’t let your employer tell you otherwise.
• Calculating severance pay for employees in Sales: The lawyer explains how severance pay is calculated for employees that do not have a consistent annual salary, such as salespeople.
• Don’t wait to speak to an employment lawyer: If you have any questions or concerns regarding your employment, or believe you have a case, do not try and handle the situation on your own without consulting with a lawyer first. We often see people make matters worse when they handle it themselves, or they miss their opportunity to get a lawyer involved because they waited too long.
• Changes to the terms of your employment: You do not have to accept changes to your job that have been imposed by your employer. Speak to an employment lawyer at Samfiru Tumarkin LLP immediately if the changes negatively affect your employment, otherwise if you wait too long it acts as your acceptance to the changes, and allows your employer to do it again in the future.
• Employee lying about hours worked: The lawyer advises a caller who asks what can be done if their employee is lying about the hours they are working. He gives two options of a) termination without cause, or b) imposing discipline or warnings, which could lead to a termination for cause.
• Don’t let your employer pressure you into signing a release: We know it is easier said than done, but if you are let go, make sure you do not sign a release or accept the severance package your employer is offering, without consulting with an employment lawyer first. Once you sign, you give away your right to seeking legal counsel.
• Verbal terminations: You should not accept a verbal termination as is. Try and get your employer to provide you written documentation of the incident, so you can use it as evidence in the future if they twist the story to get out of paying you severance.

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.