Termination of Employment (Pop Quiz) | Employment Law Show TV – S4 E3

Episode Summary

TERMINATION OF EMPLOYMENT POP QUIZ, accommodating child care needs, fired over text message, and more on Season 4 Episode 3 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 Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employee needs accommodation for childcare

Does my employer have a duty to accommodate my child care needs, if it means making changes to my work schedule?

It is absolutely the company’s duty to accommodate you. This is called accommodation based on family status. If you have the responsibility of getting your child to school or picking them up after school, and the only way you can meet those obligations is through accommodation through your employer, your employer has to provide that accommodation. They can’t say no or say that it’s not their problem.

Segment starts at 1:21

CALL: Performance Improvement Plans and severance pay

My friend has been put on a performance improvement plan. It is extremely likely that they will let her go from her job. Will they owe her severance pay if they do fire her?

Often when an employee is put on a performance improvement plan (PIP), it’s a step toward termination. It’s possible the company is already thinking of letting the employee go, potentially terminating for cause, and they’re trying to build up their case by putting the employee on a PIP. Just because you’re put on a PIP, it doesn’t mean the company can let you go for cause. It’s important to put your objections to the PIP in writing. If the company lets you go, you would still be owed severance.

Segment starts at 5:09

Employee bonuses and changes to compensation

Is my employer allowed to change my compensation structure? Can my boss stop paying a bonus? Roughly 25% of my pay comes from a performance bonus.

When we talk about changes to the terms of employment or changes to your compensation, we are talking about a constructive dismissal. Based on what you’ve told me, you’ve been constructive dismissal. Your employer does not have a right to change your compensation. You can treat this as a termination and still get your severance.

Segment starts at 8:58

Termination of Employment (Pop Quiz)

1️⃣ What is the difference between Termination Pay and Severance Pay?

When it comes to termination of employment, it comes to what you’re owed. It doesn’t matter if you call it termination pay or severance pay. What matters is finding out what you’re owed when you’re let go.

Segment starts at 14:02

2️⃣ Your boss said they are letting you go “for cause” because you missed last month’s sales quota. Are you owed any severance pay?

It’s very difficult to terminate for cause. Missing your quota isn’t great, but it does not mean that you can be let go for cause, or without severance. Over 90% of the time when someone is let go for cause, it’s not actually for cause.

Segment starts at 15:03

3️⃣ How long can a temporary layoff last?

What matters is that in most cases temporary layoffs are illegal. If you’ve been laid off temporarily you have the right to treat that as a termination and leave with severance. You don’t have to wait.

There are some situations where a company does have the right to lay you off, and usually, in those situations, there’s an employment agreement that says that they can or if there’s a past history of layoffs. In that case, it could either be 13 or 34 weeks, depending on whether the company is continuing the employee’s benefits.

Segment starts at 16:06

4️⃣ What are the four main factors considered when determining how much severance someone should be paid?

The four main factors that are considered when determining severance are age, position, length of employment, and how long it will take an individual to secure new employment. That means it’s not a week’s pay per year of service – it’s usually a lot more. Go to Pocket Employment Lawyer to find out how much you could be owed.

Segment starts at 17:34

5️⃣ What is the FIRST thing that should be considered when assessing a person’s severance?

The first thing you want to do is look at your employment contract. This is because some companies try to limit their future severance obligations through the employment agreement. But just because you sign an employment agreement that limits your entitlements, it does not mean that it is actually enforceable.

Segment starts at 19:06

CALL: Severance pay for older employees

I’m 61 years old and will likely be terminated from my job as a condo concierge. How do I calculate the amount of severance pay I should receive?

To determine how much severance you’re owed, use the Severance Pay Calculator. Based on what you’ve told me, you are probably owed 12 months of pay.

Segment starts at 20:30

CALL: For cause termination over performance issues

I was let go without severance pay from a trucking company due to my poor work performance. Should I be owed severance pay after 25 years with the company?

Your performance issues are not enough to justify letting you go for cause. To find out if your employer was justified in letting you go for cause, use the Pocket Employment Lawyer. Based on what you’ve told me, you are probably owed 6 months’ pay.

Segment starts at 23:16

Fired over text

Can my employer fire me over text message? Can I be laid off from my job because of my issues with depression?

Terminating someone over text is not professional, but it’s not illegal. However, an employer cannot terminate an employee for having a medical condition or disability – this is a human rights violation. Not only would you be owed severance, but you would also probably be owed human rights damages.

Segment starts at  25:30

Severance pay for a temporary worker

After spending 2 years at a company as a Temporary Worker I was fired. I wasn’t given any probable cause or reason. What are the laws surrounding terminations and temp workers?

The law only recognizes employment. If you’re an employee, and you lost your job, you are owed severance. That applies to temporary workers as well. So you’re owed severance.

Segment starts at  27:13

Next Episode: Employment Law Show S4 E4 – Performance Improvement Plan

Previous Episode: Employment Law Show S4 E2 – Everything You Need to Know About Medical Leaves