Employment Law Show: Ontario – S11 E93

Episode Summary

Can an employer suggest an employee should retire? Employment Lawyer Alex Lucifero, a Managing Partner at Samfiru Tumarkin LLP, answers these 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 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

• Long-service construction employee: Many employees in the construction industry are unaware of their rights to severance pay upon termination. Severance pay for those in construction is calculated in the same manner as other employees. Severance entitlements will be based on an employee’s length of service, age, and position.
• Terminated for legitimate reasons: While employers are permitted to terminate employees for any reason, it cannot be due to discriminatory reasons. Employers can terminate an employee without cause as long as adequate severance pay is offered. Many employees mistakenly believe a wrongful dismissal in Toronto occurs if they are let go without cause.
• Handing in resignation or retirement: A retirement is effectively considered a resignation. Employees should consider their benefits packages and whether or not there are benefits to retirement rather than a resignation. Employees cannot be pushed to retire or resign and must do so voluntarily. A forced resignation can be considered a termination.

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