Employment Law Show: Ontario – S11 E73

Episode Summary

Are you owed severance if your company is sold? When can an employer terminate an employee “for cause”? Employment Lawyer Stan Fainzilberg, Partner at Samfiru Tumarkin LLP, answers those questions 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 at 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 expenses claimed by employees: Employees should be wary of misrepresenting business expenses and being dishonest with their employer. Employers are within their rights to investigate potential fraud within their company. Depending on the outcome of the investigation, employees can be terminated with cause and would not be owed any severance pay. Terminations for cause are typically reserved for employees that have exhibited serious misconduct, such as theft, fraud, assault, etc.
• Severance if a company is sold: In the event of a sale of a business and not a business closure, employees can pursue severance if they are not hired by the new owner. The former employer would owe severance pay to their employees based on their years of service, positions and age. Employees that continue to work for the company under a new employer should be wary of signing new contracts.
• Terminated while on disability leave: Employers are within their rights to terminate an employee who happens to be on disability leave. Employers cannot terminate an employee due to a medical condition or disability, however. This is considered a human rights violation and employers could face additional consequences.
• Denied time off to find a new job: Employers can provide their employees with working notice. During the notice period, employers should permit employees to find new employment. This can mean permitting employees to attend interviews for a new position. It is in the interest of employers for employees to find a new job as it can affect severance entitlements.

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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