Employment Law Show: Ontario – S10 E93

Episode Summary

Should you be concerned about a deadline when accepting severance? Employment Lawyer Mackenzie Irwin, Associate at Samfiru Tumarkin LLP, answers this question 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

• Termination clauses: Mackenzie opens the show on the topic of termination clauses and explains that more often than not, they are not enforceable. Always have your contract and severance package reviewed by an experienced employment lawyer at Samfiru Tumarkin LLP, as it could be the difference of two weeks severance and two years!
• Severance deadlines: When terminating an employee, most employers will impose a tight deadline to sign their initial offer. Don’t fall victim to that pressure tactic. You can ask for an extension on the deadline, and give yourself time to contact an employment lawyer to know your rights and true entitlements first, because once you sign you give away your rights to get a lawyer involved.
• Termination without cause: 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. However, they must provide you with severance pay. Mackenzie explains that this is known as a termination without cause.
• Employer asking you to sign a new contract?: If your employer asks you to sign a new employment contract, always have it reviewed by a lawyer to help you understand the terms of your employment. In order for the contract to be enforceable, the employer must provide some sort of benefit, or ‘consideration,’ to the employee as well (i.e. a signing bonus).
• Workplace training: If at any point, you feel you do not have adequate training to perform part of your job, you should let your employer know in writing that you would like additional training. Your employer has an obligation to fulfil this request.
• Accommodation in the workplace: Mackenzie discusses accommodations in the workplace, specifically for aging employees.
• Age discrimination: If you are experiencing age discrimination in the workplace, or have been let go on the basis of your age, contact an employment lawyer immediately. You could be owed human rights damages.

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.