Termination Without Cause | Employment Law Show TV – S4 E7

Episode Summary

TERMINATION WITHOUT CAUSE, severance for stress-related issues, layoffs for contractors, and more on Season 4 Episode 7 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

Employer deducts damages from employees wages

I am a forklift operator, and I dropped some products and material on the job, causing a significant amount of damage. My employer was upset and decided to deduct the amount of damage from my wages. Can an employer deduct an employee’s wages?

An employer is not allowed to deduct any amounts from an employee’s pay unless the employee gives permission. Otherwise, it would be an illegal breach of the Employment Standards Act. Read our latest blog about a restaurant that has sued an employee over the damage done to a customer’s $30,000 Hermes purse.

Segment starts at 2:04

CALL: Severance pay for long-service employee

I have been working at a company for 20 years. I am thinking of resigning due to stress-related issues that are affecting my health and well-being. Should I expect to receive a severance package?

If your health has been impacted by stress-related issues stemming from work, and you are resigning, the law looks at it as a termination. Tell your employer in writing about your concerns, and ask for help to fix the situation. If nothing changes, you may be able treat it as a constructive dismissal and get severance.

Segment starts at 5:40

Employer vs. Independent contactor

I’ve worked at a mid-sized company as an independent contractor for 4 years, in a 9-to-5 job at their office. I don’t work for anybody else. My boss just told me they’re laying off all contractors and hiring full-time employees to replace them. He said he would try to secure me 2 weeks’ pay as severance, but claims he is not legally obligated to do so. What are my rights?

If you want to find out if you have been misclassified as an independent contractor, and are actually an employee, you can find out by using our Pocket Employment Lawyer resource.

Segment starts at 8:14

Fired Without Cause: Fast Facts

1️⃣ What is a termination without cause?

A termination without cause simply means you are not being let go because of significant misconduct.

Segment starts at 14:18

2️⃣ I’ve just been fired without cause, and the company wants me to sign termination papers or a severance offer before I leave. Do I have to?

When you’re let go without cause, you may be asked to sign a severance offer. Regardless of your employer’s deadline, do not sign it right away. You have two years to pursue your severance. Go to Pocket Employment Lawyer and find out how much you are owed, then contact an employment lawyer to get your full severance.

Segment starts at 15:08

3️⃣ How much severance am I owed following a termination without cause?

There are a number of factors that determine your severance pay entitlements, which include your age, position, length of employment, among others. The older you are and the more senior your position, the more severance you will be owed. To find out how much you’re owed, go to Pocket Employment Lawyer, or contact my team.

Segment starts at 16:26

4️⃣ Can the Ministry of Labour help if I am let go without cause?

The Ministry of Labour cannot help you when it comes to your full entitlements. They can only help you get your minimum entitlements. But you are probably owed much more. Check out our Severance Pay Calculator to find out.

Segment starts at 18:04

5️⃣ How does an employment contract factor into severance pay?

Employers often try to reduce severance through a clause in the employment contract. If you sign an employment agreement that limits your entitlements, that could cost you a lot of money. Be careful when you start a new job and have your contract reviewed by an employment lawyer. If you were let go and your employment contract has a clause restricting your severance, you should speak to an employment lawyer and find out if it’s valid.

Segment starts at 19:47

CALL: Employmee given unreasonable targets

As a middle manager, I earn a base salary as well as an additional $75,000 if our company reaches 100% of our sales goal for the year. This year, I was given new sales numbers that are impossible to achieve. I think they’re doing this on purpose to drive out our current team and bring in new blood.

Your commission is an important part of your compensation, and ultimately by giving you new sales numbers that are impossible to achieve your employer is implementing a pay cut. An employer is not allowed to change the terms of your employment, so this is a constructive dismissal.

Segment starts at 21:33

CALL: Employmee terminated while on medical leave

I was on long-term disability after undergoing surgery. When my doctors told my employer that I was not ready to return to work, I received a termination letter. The company included a severance offer of 6 weeks’ pay after 6 years on the job. They said they would reduce the amount to 3 weeks’ pay if I spoke to a lawyer.

Lior discusses an employer’s duty to accommodate employees.

Segment starts at 25:53

Next Episode: Employment Law Show S4 E8 – Rights of Older Employees

Previous Episode: Employment Law Show S4 E6 – Maternity Leave: What You Need to Know