Employment Law Show: Ontario – S11 E83

Episode Summary

What are some frequently asked questions regarding severance? Employment Lawyer Mackenzie Irwin, 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 catch the show on Saturdays and Sundays on 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

• Long-service employee fired due to old conviction: Employers are within their rights to request employees complete a background check. It is challenging to terminate an employee “for cause”. In order to justify a termination for cause, employers have to prove that there were no alternative measures of discipline and that an employee has exhibited severe misconduct. In most cases, employers wrongfully dismiss employees for cause. It is in an employee’s best interest to speak to an employment lawyer to determine if they have been wrongfully dismissed.
• Severance package calculations: Severance pay is based on a number of factors, including the age of an employee, their position and years of service. There is no general formula to determine an employee’s severance entitlements. Courts will try and determine how long it will take a terminated employee to find future employment and award severance accordingly.
• Termination clauses in contracts: Employment contracts can contain terminology, such as a termination clause, that seeks to limit an employee’s entitlements. Many termination clauses are not enforceable. Before signing an employment agreement or documentation, employees should seek advice from an employment lawyer.
• Constructive dismissals due to change in job: Employers do not have the ability to change an employee’s position in a fundamental way. A major change to an employee’s job can be a dramatic reduction in pay, hours or location. Employees do not have to accept the proposed change and instead can seek legal advice on their next steps.

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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