Employment Law Show: Ontario – S11 E68

Episode Summary

What are an employee’s rights during the probation period? Employment Lawyer Mackenzie Irwin, an 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 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

• Shopify layoffs and employee severance: Shopify has announced another round of mass layoffs. Shopify has informed many affected employees that they will all receive a general package. Severance, however, must be based on a number of factors including the age of an employee, their position, and years of service. It is important for recently laid-off employees to seek legal advice before accepting a severance package.
• Probationary periods and employee rights: Probation periods are trial periods in which both employer and employee decide if the job is a good fit. Probation periods are not automatic and an employee must agree to it in an employment contract. Employees let go during a legitimate probation period would not be owed severance pay.
• Terminated for cause due to theft: It is very difficult to terminate an employee for cause. Termination “for cause” can only occur due to serious misconduct, such as theft or fraud. Employers often mistakenly terminate employees for cause and have in fact wrongfully dismissed their employees. Employees unsure of their rights should speak to an employment lawyer to determine if they’re still owed 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.