Employment Law Show: Ontario – S11 E46

Episode Summary

What elements decide an employee’s severance package? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader 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 at 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

• Classified as a contractor and then employee: Employees are often misclassified by their employers as independent contractors. Employers do not have the ability to change an employee’s classification simply by signing a new contract. Employment law dictates whether or not an individual is an employee or contractor.
• Other components of severance pay: While severance pay is primarily based on the age of an employee, length of service, and position, there are other elements. An employee’s bonuses, commissions, allowances, etc., must also be taken into consideration. Elements that will make an employee’s future employment more difficult, such as a disability, will also enhance severance entitlements.
• Hours reduced from full-time to part-time: Employers do not have the ability to impose major changes to the terms of employment. A significant change can be a drastic reduction in hours or pay, a demotion, etc. Employees should be wary of accepting a change as it allows an employer to impose changes in the future. Employees who do not wish to continue working under new terms can consider constructive dismissal.

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