Employment Law Show – Season 10 Episode 1

Episode Summary

Wrongful dismissals, accusations of time theft, temporary layoffs, and more on Season 10 Episode 1 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Worked 16 Years and Offered 8 Months of Severance

I worked at a financial institution for 16 years and was recently let go. They’re offering me 8 months of severance pay, but benefits will not be included in this duration. Am I entitled to this?

• Long-service employee rights: Employees often mistakenly believe large corporations are aware of their severance obligations. Many employers, regardless of company size, offer inadequate severance pay. Severance packages should include all elements of compensation, including employee benefits.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Time Theft Accusations

My daughter worked for a year at a retail outlet and was promoted to a manager. She was doing a lot before they hired a general manager. The following week, she was let go and accused of “time theft“, and so she is not owed severance.

• Terminations ‘for cause’: It is very difficult to terminate an employee ‘for cause’. An employer has to prove an employee has engaged in serious misconduct. In the vast majority of cases in which an employee has been terminated for cause, they can pursue wrongful dismissal.

Rights on a Temporary Layoff

I’ve been working at this company for 34 years. I was recently put on a temporary layoff, and they’re unsure when I’ll be recalled. This is the first time I’ve ever been placed on a temporary layoff. What can I do?

• Temporary layoffs: Employees are not required to accept a temporary layoff or wait a specified period before pursuing severance pay. Employers typically do not have the right to implement a temporary layoff. A temporary layoff can be treated as a termination of employment.

Wrongful Dismissal: What Your Employer Hopes You Don’t Know

• Owed much more severance: A wrongful dismissal occurs when an employee has been let go from their job and not paid adequate severance pay; they are owed much more. It is not related to the cause for termination. 
  
• Terminated ‘for cause’ to avoid severance: Employers often terminate an employee ‘for cause’ to avoid paying severance entitlements. Employers mistakenly believe it is easy to justify a termination for cause.
• Short deadlines as pressure tactics: Employers often implement a short deadline to push employees into accepting a low severance package. Employees should seek legal advice upon termination.
• Time frame to pursue entitlements: Employees have up to two years after the date of termination to pursue their severance entitlements.

Let Go while on a Mental Health Leave

I’ve been on a mental health leave for almost 6 months. My supervisor wasn’t pleased with this, as I’m in a specialized tech position, but permitted it with a doctor’s note. Yesterday I was informed I’d been let go. What can I do here?

• Let go due to medical condition: Employees cannot be let go due to taking a medical or disability leave, as it is a human rights violation. A termination can only occur if there is no position available. With the support of a doctor’s note, employees do not need to seek approval from their employer to take leave.

Part-time Employee Hours Reduced

My employer has told me that they will be reducing my hours to give more time to more senior staff. After 7 years, are they allowed to make these changes? Does it matter that I’m a part-time employee?

• Constructive dismissals: Employers do not have the right to make significant changes to employment without their consent. A major reduction in hours or pay is considered a constructive dismissal. Employees can treat this imposed change as a termination of employment. 
  

Employee Rights

• Refusing to work overtime: Employees can refuse to work overtime unless they have consented to it in an employment contract.
• Demoted due to performance reasons: Employees cannot be demoted in most cases; it’s considered a constructive dismissal.
• Signing a new employment contract: Employees can refuse to sign a new employment contract. When presented with a new agreement, employees should seek legal advice.
• Forced to relocate: A minor workplace relocation is considered permissible; however, a significant location change can lead to constructive dismissal.
• Placed on an unpaid suspension: Employers cannot place employees on an unpaid suspension; it is illegal.

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