Employment Law Show: Ontario – S11 E17

Episode Summary

Are you owed severance pay if your company is sold? Employment Lawyer Stan Fainzilberg, Partner 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 catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Business owner selling company: There are huge implications for employees if their employer decides to sell their business. Legally, an employer can sell the assets of the business or the shares of a corporation. The type of sale of a business can mean different entitlements for employees. In the event of a share-only sale of a company, the years of service and rights of an employee should continue. Asset purchase of a company could mean that employees are considered terminated and would be owed severance.
• Terminated by employment agency: Employees that have been employed through an agency could be owed severance pay from several different sources. Individuals that are working for a sole company for many years should consider this company to be their employer. Upon termination, employees would be owed adequate severance pay.
• Vaccination status and termination: Some employers continue to implement vaccine policies at the workplace. In many cases, employers dismissed religious exemptions without considering the specific details of the refusal. Employers should analyze each exemption application and should consider if there are any possible accommodations.
• A new employer wants an employee to be a contractor: Generally, if an employee is doing the exact same job they were prior to the new classification, they cannot be considered a contractor. Contractors working for a single entity can be considered dependent contractors and are entitled to many of the same rights as 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. 
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