Employment Law Show: Ontario – S11 E78

Episode Summary

When can an employee be terminated “for cause”? 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.

Listen to the Episode

Show Notes

• Small company and long-service employee: Employers that shut down their business but do not declare bankruptcy owe their employee’s severance entitlements. The size of a company does not factor into the severance calculations of employees. Employees that are offered an inadequate severance package must contact an employment lawyer to determine what they are owed.
• Terminated “for cause”: Many employers mistakenly terminate an employee for cause due to mistakes, errors, or isolated incidents. Termination for cause can only occur due to serious misconduct exhibited by an employee. Employers must be able to prove there are no alternatives other than termination, and that disciplinary action has been taken prior to termination.
• Change in schedule due to a new location: Employers do not have the ability to impose major changes to an employee’s position without their consent. A major change could be a drastic reduction in pay, a demotion, a significant relocation, etc. Employees are within their rights to refuse the proposed change and consider their employment terminated via a constructive dismissal claim.

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.