Employment Law Show: Ontario – S11 E69

Episode Summary

Do you have to be formally terminated in order to receive severance? Employment Lawyer Chris Justice, 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Shopify employee rights: Shopify recently announced yet another round of mass layoffs. Employees at Shopify should note that there is no general or standard calculation for severance pay. Severance will be based on a number of factors including the age of an employee, their position, and years of service. Employees recently terminated at Shopify should contact an employment lawyer to determine what they are owed.
• Truck driver terminated with no compensation: Many employees mistakenly believe that the industry they work in results in an exemption from severance pay. Upon termination, construction workers, truck drivers, etc, are still owed severance. Employees do not have to be formally terminated, but a lack of shifts or communication can lead to that assumption.
• Refused a raise by the employer: Depending on the terms of an employment contract, employees do not have an inherent right to a raise. An employee would have to negotiate with their employer in order to ask for an increase in salary. Employees cannot be penalized for asking for a salary increase. Employees terminated as a result of requesting a raise would still be owed severance.
• Returning from disability leave and terminated: Employees cannot be terminated as a result of an illness or disability. Employers have an obligation to accommodate an employee’s disability. A failure to provide accommodations can be considered a human rights violation. It is important to seek legal advice in order to pursue compensation and possibly additional 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 our popular TV show episodes.